Defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The defendant is a security guard of Ulsanbuk-gu apartment C apartment, and the victim D (V, 9) is a person with a intellectual disability of class 3 in the vicinity.

On June 9, 2016, the Defendant: (a) reported that the injured party in the Ulsan-gu Seoul apartment guard room for the apartment complex located in the apartment complex, and told that the injured party enter the guard room for the victim; (b) made the victim enter the guard room; and (c) made the victim “I want to see whether or not there is any sound male only,” and put the hand into the victim’s panty, thereby gathering the hands into the victim’s panty.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (a video recording of victims D, personal information of offenders, etc., and CCTV investigation);

1. Application of Acts and subordinate statutes to photographs by stenographic records, expert opinions on sexual assault against children with disabilities, and by capturing CCTVs;

1. Article 7 (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 prison labor, concerning the crime;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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 (the fact that the defendant has no record of criminal punishment for a sexual crime of the same kind in the past; the sexual crime of this case is not a crime against many and unspecified persons; the fact that the sexual crime of this case is not a crime against an unspecified number of unspecified persons; the effect of preventing the recidivism of the defendant can be achieved only on the basis of the registration of personal information ordered by the court

In addition to the fact that the defendant's age, family environment, social relation, occupation, background and result of the crime of this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of this case, and this result.