A person shall be punished by imprisonment with prison labor for not less than one year and six months and by imprisonment for not more than six months for a crime set forth in the holding.

Criminal facts

On January 26, 2018, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to a two-year suspended sentence of imprisonment for the following reasons: (a) on January 26, 2018, the Daegu District Court sentenced the defendant to a two-year suspended sentence; and (b) on February 3, 2018, the judgment became final and conclusive.

[Criminal facts] 2018 Gohap 294

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Persons with Disabilities) came to know of the victim B (Inn, 45 years of age, intellectual disability 3 level) in around 2013, the Defendant became aware of the victim B, and became aware of the victim’s friendly from that time, and became aware of the victim’s friendly, around July 9, 2018, at around 03:00, the Defendant became aware of the victim’s residence in Daegu-gu, Daegu-gu, Seoul-gu, and became aware of the victim’s ties, and the Defendant was able to care the victim at the residence of the victim in the Daegu-gu, Namgu.

피고인은 같은 날 06:10 경까지 피해자의 주거지에서 E과 함께 술을 마시다가 E, 피해자와 함께 잠을 자기 위해 나란히 누웠고, E이 잠이 들자 갑자기 피해자 쪽으로 몸을 당겨 이불을 들추고 옷 위로 피해자의 엉덩이를 만지다가, 피해자가 “E 이 쪽으로 가라 ”며 발로 피고인의 배를 걷어차는데도 계속하여 피고인의 발기된 성기를 피해 자의 엉덩이에 수회 비볐다.

Accordingly, the defendant committed an indecent act by force against a person with a physical or mental disability.

"2018 Gohap 330"

2. 준 강제 추행 피고인은 2017. 4. 중순경 대구 남구 G에 있는 H 식당 쪽 방에서 술을 마신 뒤 잠을 자고 있던 피해자 I( 여, 51세) 을 발견하고 그녀를 추행할 마음을 먹고, 피해자의 등 뒤에 누워 손으로 피해자의 엉덩이를 만지면서 자신의 성기를 피해 자의 등에 수회 비볐다.

Accordingly, the defendant committed an indecent act by force against a victim who is mentally or physically deprived or unable to resist.

[The defendant committed a sexual crime against a person with a physical or mental disability in relation to the crime described in paragraph 1 of the judgment of the attachment order].