A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The defendant is a patient who was hospitalized in the C Hospital 716 located in Young-gu, Busan, as a c hospital 716, and the victim D (the victim, the 25 years old) is a patient hospitalized in the hospital 705.

Around 04:50 on July 13, 2019, the Defendant returned to the 7th floor of the instant C Hospital, and was hospitalized by four female patients, such as the victim, before the hospitalization room, the Defendant opened an unsatisfing entrance and entered the hospitalization room, and thereafter, left the left chest from the left face of the victim who was locked at the bed.

Accordingly, the Defendant committed an indecent act against the victim who was unable to resist due to the invasion on the hospitalization room possessed by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes to the head of a crime;

1. Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, Articles 319 (1) and 299 of the Criminal Act;

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;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse need to be careful and prudent in that the disclosure or notification of personal information may have a significant impact on the Defendant; the Defendant has no record of punishment for sexual crimes; the punishment imposed by this court appears to have the effect of preventing recidivism to a certain extent solely on the completion of sexual assault treatment programs, registration of personal information, and employment restrictions; and other disadvantages suffered by the Defendant due to the Defendant’s age, family relation, social relationship, motive for and consequence of the crime, method and consequence of the disclosure or notification