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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 2, 2019, at around 20:07, the Defendant 1st floor of the building in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on October 2, 2019, and the victim C (one-time name, two-year age, 39) with visual disability using the disabled call taxi operated by the Defendant was under the influence of alcohol and was under the influence of alcohol and was under the influence of alcohol.

Accordingly, the defendant forcedly committed an indecent act on a person with a physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement recorded in the victim’s statement recording CDs;

1. Copy of the victim welfare card;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 6 (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;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 defendant has no record of being punished for a sexual crime, and the registration of personal information, taking courses in the treatment of sexual violence, restrictions on employment of children and juvenile-related institutions, etc. and welfare facilities for disabled persons are expected to prevent recidivism to a certain extent. In addition, considering various circumstances, including the defendant's age, family environment, the background and anticipated side effects of the crime in this case, expected adverse effects of the defendant's disadvantage and side effects from disclosure or notification, benefits expected therefrom, and effects of the prevention of sexual crimes, it is deemed that there are special circumstances where

1. Protection of children and juveniles against whom an employment restriction order is issued;