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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
From December 2, 2013, the Defendant became aware of the victim C (the age of 36) (the age of 36) who was hospitalized in B mental hospital due to intellectual disability 3 while being hospitalized.
On January 20, 2018, the Defendant, in the E subway station located in Geumgu, Busan, M.M. D around 2018, stated that “The Defendant was able to brutly, fluent thickness, last F. H convenience stores located in the G subway station located in the F of Busan, and the Defendant met the victim in the vicinity of H convenience stores located in the G subway station located in the Busan, M. F. on the same day.
While the Defendant moved to a nearby restaurant along with the victim, the elevator located in the exit No. 14 of the said G subway station was cut off with the victim's her butt her part, and then the victim's her butt her was cut off by hand.
The Defendant continued to 17:40 on the same day, from the J cafeteria located in G 1, which was located in G 17:40 G Gyeongdong-gu I, boomed with the victim, and forced the victim to wear and walk the victim's hand to the entrance of G subway station, and forced the victim's hand to contact the Defendant's sexual organ.
Accordingly, the defendant committed an indecent act against the victim with mental disability by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Video recorded CDs or stenographic records of the victim;
1. The decision made by a victim in case of an indecent act on elevators;
1. On-site photographs of the crime and CCTV images of the Kelto;
1. An investigation report (including attached materials 9, 18, listed in the list of evidence);
1. A copy of a welfare card (Grade III);
1. Statement assistants' reports and expert opinions on sexual assault cases against persons with disabilities;
1. The application of the Act and subordinate statutes, written confirmation of hospitalization of suspect B prepared and written opinion;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The punishment of sexual crimes subject to exemption from disclosure orders and notification orders; and