The defendant shall complete a sexual assault treatment program for 40 hours.

피고인은 2013. 1. 7. 00:00경 춘천시 C에 있는 피해자 D(여, 75세)의 집에서 평소 알고 지내던 청각 장애 3급인 피해자에게 보일러를 고쳐주겠다고 하여 피해자의 집에 방문하게 된 것을 기화로 피해자와 단둘이 있게 되자 갑자기 피해자의 옷을 모두 벗기고 피해자가 거부하자 손으로 피해자를 밀치는 등 폭행하여 그 반항을 억압한 다음 거부하는 피해자의 온몸을 입으로 핥는 등 추행하였다.

Accordingly, the defendant assaulted the victim who is a disabled person and committed an indecent act by force.

Summary of Evidence

1. The legal authenticity of witness E;

1. The statement made by the victim D in the video CD;

1. Expert opinion;

1. The application of the law to a welfare card [the defendant and his defense counsel denied the facts of indecent act by compulsion, but the victim's statement is consistent, and the contents are living and specifically described as to the situation, circumstances, and contents at the time of the crime, and it is difficult for a person who did not have direct experience to speak. Thus, in full view of the victim's statements and the above evidence, it can be acknowledged that the defendant committed an indecent act by force against the

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an disclosure order is issued;

1. Grounds for sentencing under Article 41 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an order to notify is issued;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. Persons with disabilities (at least 13 years of age) in the application of the sentencing criteria (determination of types).