A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

피고인은 2016. 12. 31. 13:00 경 서울 성동구 C 4 층 D DVD 방에서 같은 직업능력 개발원에서 공부하고 있던 뇌 병변장애 1 급으로 보행장애가 있어 보조기 없이는 걷기가 힘든 상태인 피해자 E( 여, 18세) 와 영화를 보던 중 갑자기 손으로 피해자의 가슴을 만지고, 이에 피해자가 싫다며 피고인을 밀어 내 었음에도 손으로 피해자의 옷 위로 음부 부위를 만지고, 피고인의 성기를 꺼 내 피해자의 바지를 벗긴 후 피해자의 음부 부위에 비볐다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Application of Acts and subordinate statutes to a copy of a welfare card and a medical certificate;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, 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 (in this case, the Defendant is the primary offender, and in this case, the personal information is registered and the lecture for treatment of sexual assault may have the effect of preventing recidivism by the Defendant to a certain extent only;

Comprehensively taking account of all the circumstances, such as the fact that the defendant's personal information can not be disclosed or notified, there are special circumstances.

The reason for sentencing

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

2. Persons with disabilities (not less than 13 years of age) shall be subject to the scope of the recommended punishment on the sentencing criteria (a determination of type).