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A defendant shall be punished by imprisonment for three years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The defendant is not aware of the victim B (one, two-eight years of age) with intellectual disability 2.
On May 29, 2018, the Defendant was drinking together with D, etc. at the official space of the public parking lot C in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-gun, Seoul, on May 29, 2018.
피고인은 지적장애 2급인 피해자에게 다가가 갑자기 피해자의 바지 안으로 손을 넣어 피해자의 음부를 만지다가 손으로 피해자의 가슴을 옷 속으로 만지고, 피해자의 입술에 피고인의 입술을 들이댔으며, 손으로 피해자의 어깨를 감싸 안아 지적장애가 있는 피해자를 강제추행하였다.
Summary of Evidence
1. Each legal statement of witness B and E;
1. Police suspect interrogation protocol of the accused;
1. B Statements recorded CDs;
1. A written statement;
1. Certificate of the disabled;
1. Opinion of a statement analysis expert;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;
1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, the proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) and Article 50.