(2)

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to take a lecture for sexual assault treatment for 80 hours.

On May 7, 2017, at around 20:20, the Defendant discovered the victim E (be 24 years old, intellectual disability 2 level) who sited in the D stairs located in Jongno-gu Seoul Metropolitan Government on May 7, 2017, and accessed the victim, and then sees that “I am fright? I amfright? I amfright?? I am amfright?? I am the victim’s chest with his left hand.”

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Records of statements made and recorded by victims;

1. A detailed statement on handling 112 reported cases;

1. Investigation report (Attachment of On-the-spot photographs), investigation report (Attachment of DNA CCTV photographs);

1. A copy of a welfare card;

1. On-site photographs and CCTV photographs attached thereto;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act

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. Comprehensively taking into account the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; (b) 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; (c) it is difficult to readily conclude that the Defendant has no record of criminal punishment for sexual crimes prior to the instant crime; (d) personal information of the Defendant and the completion of the sexual assault treatment program are likely to secure the effect of recidivism; and (e) the effect of preventing sexual crimes, which may be achieved by the disclosure order and the notification order, might be relatively less than the disadvantages and anticipated side effects that the Defendant may sustain, can not be disclosed to the public).

Reasons for sentencing

1. The scope of applicable sentences under Acts: Imprisonment with prison labor for not less than one year and six months to 15 years; and

2. Scope of recommendations according to the sentencing criteria;

[Determination of Punishment] General Criteria for Sex Offenses, and Type 2 (compacting and Indecent Act by Indecent Act) shall apply to sex offenses against the disabled (not less than 13 years of age).

【Specially Convicted Persons] Reductions and the extent of indecent acts;

[Scope of Recommendation] Reduction Area, one year and six months of imprisonment to three years

3. Determination of sentence: Imprisonment with prison labor for not less than two years and three years of suspended sentence; and

The crime of this case is an indecent act by compulsion of a victim with mental disorder, and the nature of the crime is poor, and the victim seems to have suffered mental suffering with considerable sexual humiliation due to the crime of this case, and the fact that the defendant did not reach an agreement with the victim is unfavorable to the defendant.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, the fact that the defendant has no record of being punished for the same kind of crime, the degree of tangible power exercised by the defendant and the fact that the degree of such indecent act is relatively heavy, etc., the defendant's age is 76 years old, the defendant's character and behavior, living environment, health conditions, motive, means and consequence of the crime of this case, and all sentencing factors in the trial process of this case, such as the circumstances after the crime, shall be determined as ordered

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting a crime in the judgment, the defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Judges Tae-young

Judicial Chief Judge;