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

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

Punishment of the crime

1. 피고인은 2012. 10.경 논산시 C에 있는 D교회 근처에 있는 빈집으로 지적장애 2급인 피해자 E(여, 20세)를 용돈을 주고 찐빵을 사준다며 데려가 정신적인 장애로 인하여 항거불능상태에 있는 위 피해자의 가슴과 성기를 만져 피해자를 추행하였다.

2. Around October 2012, the Defendant committed an indecent act against the victim by having the victim described in the preceding paragraph undergo a f restaurant, which is located in C, due to mental disability. The Defendant committed an indecent act against the victim by having the said victim meet the said victim’s chest and gender in a state of failing to resist due to mental disability.

Summary of Evidence

1. Court statement of the defendant (which is made on the fifth trial date);

1. Each legal statement of witness G, H, I, E, and J;

1. Recording records;

1. Investigation report, investigation report (in cases of indecent act by indecent act, explanatory materials, such as counseling paper of the victim's school), investigation report (only the paths for attendance of the victim, confirmation of the location of the damaged place, photograph, etc.);

1. Application of Acts and subordinate statutes on investigation reports for children;

1. Article 6(4) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter “former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes”) and Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012; hereinafter “former Act”) on the indictment state Article 298 of the Criminal Act in the indictment. However, it is obvious that it is a clerical error under Article 299 of the Criminal Act, and even if it is recognized under Article 299 without any amendment procedure, it does not interfere with the defendant’s right to defense. Thus, it shall be corrected under Article 299 without any amendment procedure.

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (in the case of concurrent crimes with the largest criminal facts, the aggravation of concurrent crimes with the punishment stipulated in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act);

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.