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

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

Punishment of the crime

The Defendant, with the disabilities of class 3 of intellectual disability, had been aware of in Jinju-si D in Jinju-si as a victim E (W, 24 years of age, intellectual disability 2 level) and had been frighted to commit an indecent act by force against the victim.

On April 2016, 2016, the Defendant: (a) caused the Defendant’s desire to walk with the victim before the F lending in Jin-si, Jin-si; (b) sent the victim’s chest on his own hand; and (c) rejected the victim’s “Min-si,” and (d) put the victim’s finger into the victim’s panty, despite the Defendant’s refusal.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Video tape CDs (victims);

1. Reports on internal investigation (specifics and photographs attached to the scene of damage);

1. Application of Acts and subordinate statutes in Chapter 10 to certificates, etc. of persons with disabilities and photographs;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, inasmuch as the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, he/she is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of a type] group of sex crimes, general standards, sex offenses against persons with disabilities (at least 13 years of age), and the type 2 (compacting and indecent acts).