sexual intercourse)

C. Attorney C.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a 40-hour course for sexual assault treatment.

On July 27, 2016, from around 15:10 to 15:50 the same day, the Defendant used the victim F (class 42 years old, mental handicap 2 level) who was flicked in the following behind the E-car in the Dongjak-gu Seoul Metropolitan Government Down Parking Lot, for mental disability, in the state of difficulty in resisting or resisting the victim, and caused the victim's chest, flick, flick, and flick to the victim's breast, flick, and flick to the victim's flick, and caused the victim to promptly flick the victim's chest, and flick the victim's flick.

Accordingly, the defendant committed an act of inserting a sexual organ into the victim's mouth by using the victim's mental disability to resist, or to the state of difficulty in resistance.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records of the F;

1. G statements;

1. A criminal investigation report (CCTV image analysis report);

1. Medical records for victims of sexual assault;

1. Each request for appraisal (the sequence 25, 31 of the evidence list);

1. A psychological and evaluation report;

1. A copy of a welfare card;

1. On-site photographs;

Application of Statutes

1. Article applicable to criminal facts;

Article 6 (4) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order to attend lectures;

The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first offender; the crime in this case alone is hard to readily conclude that the defendant has a criminal tendency against many and unspecified persons; the registration of personal information of the defendant against the defendant and the order to attend a sexual assault treatment course alone appears to have an effect of preventing re-offending; and the defendant's age, family environment, social relationship, etc. in light of all the circumstances, such as the defendant's age, family environment, and social relationship during the pleading of this case, the effect of preventing sexual crimes that can be achieved by disclosure and notification orders is considerably low, but it appears that the defendant should not disclose or notify personal information.

Reasons for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Types] Sex Offenses, General Standards, Sex Offenses against Persons with Disabilities (At least 13 years of age), Type 3 (Compulsory Comparison)

[Special Mitigation] Ad hoc Inspector

[Scope of Recommendation] Imprisonment of 2 years and 6 months to 5 years (Discretionary Zone)

3. Determination of sentence;

The crime of this case is an unfavorable circumstance against the defendant, where the victim who was flick by the defendant was unable to resist or resist due to mental disability, and the crime of this case is heavy, and the victim seems to have suffered mental pain together with a considerable sense of sexual shame.

However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case against his mistake, that there is no record of criminal punishment against the defendant, that the defendant agreed with the legal representative of the victim and paid the compensation for damages, and that the legal representative of the victim wanted the defendant to leave the place of the defendant.

In addition, the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, etc. shall be determined as ordered in consideration of various sentencing conditions shown in the arguments in this case, such as the circumstances after the crime.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime committed against a defendant, the defendant shall be subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the competent agency pursuant to Article 43

It is so decided as per Disposition for the above reasons.

The same judge's identity

Judges Lee Young-young