A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[criminal power] On May 19, 2006, the Defendant was sentenced to 12 years of imprisonment with prison labor and a fine of one million won in the Daegu District Court on March 9, 2018 in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special robbery, Rape, etc.) and completed the execution of the sentence.

【Criminal Facts】

The defendant, through a meeting of 2019, via a victim B (a family name) and a meeting of friendly friendship with the victim

5. 4. It was first known or known to him.

On May 5, 2019, the Defendant was able to drink the victim and those who met the club with drinking, and the victim was able to take the victim's house at the time of drinking. The Defendant was able to take the victim's house at the seat of the withdrawal.

At around 02:00 on May 6, 2019, the Defendant parked a vehicle in D parking lots located in Seogugu Daegu-gu C, and had the victim locked from the early string to report his intention to force indecent act by force.

Although the Defendant was kid in the victim's entrance, and the Defendant was able to keep the victim's body sealed and refused, the Defendant tried to keep the victim's chest into the victim's clothes and to keep the victim's chest from the victim's body by cutting down Belgium and cream.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Criminal records as indicated in the judgment: Criminal records, etc. inquiry report (A), report on results of confirmation of the absence of disposition, investigation report (Attachment of details of search of a person under investigation), and application of Acts and subordinate statutes to investigation report (Attachment of written judgments);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities shall be punished by imprisonment with labor for a long period of time due to sexual crimes, etc. as indicated in