A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant is a person working as a security guard in the C apartment located in Gwanak-gu in Seoul Special Metropolitan City, and the victim D (as such, 24 years of age, intellectual disability 2 level) is a person who resides in the vicinity of the above apartment.

The Defendant had expressed his mind to satisfy his sexual desire by committing an indecent act against the victim by using the fact that the victim is well-grounded, that the victim is fright to sash, due to intellectual disorder, and that he cannot easily refuse another person’s speech.

1. From the beginning of April 2015 to the beginning of May 2015, 2015, the Defendant was at the victim’s house located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant, taking advantage of the above conditions of the victimized person’s body, putting his/her fingers in the victim’s room, and her breasts were in charge.

2. On May 2015, the Defendant: (a) had been found in the above C apartment guard room on May 2015, 2015, the Defendant: (b) had a victim, who was found in the said C apartment guard room, left the room underground; and (c) had his clothes off to the victim; and (d) had the victim’s chests of the victim, who was off his clothes.

As a result, the defendant committed an indecent act on two occasions by using the victim's intellectual disability that makes it difficult for him to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Stenographic records of each protocol on D;

1. photographs of each scene of crime;

1. Application of the Acts and subordinate statutes to criminal place, report on the commencement of internal investigation, request for connection, each internal investigation report (Evidence List Nos. 4, 11, 13, 15, 24), each investigation report (Evidence List No. 17, 28, 30)

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with labor, respectively, for the crime;

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts No. 1990, May 5, 2015, which is heavier than the aggravated punishment];

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment