A 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 40 hours.

Punishment of the crime

around 04:40 on April 7, 2013, the Defendant: (a) opened and entered a non-locked visit from the victim E (n, 23 years of age) located in Nam-gu, Nam-gu at the port to the end of 505, and (b) met two minutes of the victim, who was locked on the bend part of the bend.

Accordingly, the Defendant invaded the victim's room in possession and committed an indecent act by using the victim's mental condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Investigation report (to attach ct v video materials within the telecom);

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts constituting an offense, and Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., Articles 319 (1) and 299 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Before the amendment by Act No. 11556 on December 18, 2012 to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes before the amendment to the order was enforced on June 19,

(a) The same shall apply;

Article 16 (2) (main sentence)

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) 2 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the accused and the defense counsel under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The summary of the argument and the defense counsel asserted that ① there was no fact that the defendant committed an indecent act, ② there was no fact that the victim was in a state of mental disorder, and ③ even if the defendant committed an indecent act, the defendant was in a state of mental disorder under the influence of alcohol at the time of committing

2. Determination

A. The court is legitimate in determining the assertion that the act of indecent act was denied and the victim did not use the state of mental disorder.