A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant was aware of the fact that the victim D (at the time, 50 years old) who is a disabled person of Grade 1 intellectual disability and the neighboring resident was aware of the fact that the victim's intellectual ability was significantly less than that of the general public while operating the Scki in Yangju-si.

1. On June 2017, 2017, the Defendant: “The Defendant exceeded and displayed boomed the Defendant’s sexual organ” to the victim who was scood from the Defendant’s cream, and the Defendant scood the victim’s sexual organ with her hands off from the Defendant’s seat.

2. On July 2017, the Defendant: (a) stated that “the chest who operated a breast cancer operation would have been caused by the breast,” the Defendant she immediately saw the victim’s chest who displayed the breast while walkinging on the upper part of the victim.” (b) said, the Defendant she saw the victim as soon as possible.

Accordingly, the defendant committed indecent acts against the victim by using the state of difficulty or difficulty in resisting due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Expert opinion on recording of statements by victims and on analysis of statements;

1. Application of Acts and subordinate statutes governing certificates of disabled persons;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, and Article 298 of the Criminal Act;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (2) of the same Article which has a heavier criminal penalty);

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 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);

1. An order of disclosure; and