A defendant shall be punished by imprisonment for not less than three years and six months.

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

Punishment of the crime

At around 10:00 on July 10, 2018, the Defendant, at the residence of the victim C (Invert, 58 years of age) with delay (verte) disability 3 in the B apartment unit in the East Sea in the East Sea (hereinafter referred to as the “B apartment”), had been able to feel hump the victim who made coffee and rape the victim.

After opening the entrance of the above dwelling area, the defendant set aside the door of the above dwelling area, and led the victim from leaving the arms of the resistance victim in his hand to prevent him from moving, and exceeded the victim's boom, and inserted the defendant's sexual organ into the negative part of the victim.

Accordingly, the defendant raped the victim with a physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. Two CDs recorded by the victim, and stenographic records of the victim;

1. A copy of the welfare card, a copy of the certificate of persons with disabilities, and a copy of each medical certificate of persons with disabilities;

1. Application of Acts and subordinate statutes to photographs of the part part of the victim's arms;

1. Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the selection of a limited term of imprisonment for a crime;

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is clear that the phrase “Article 16(1)” in the indictment is a clerical error and thus ex officio correct.

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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 are divided into his/her misconduct, the Defendant has no record of punishment for sexual assault crimes, and the Defendant’s completion of sexual assault treatment programs and employment restrictions order alone appears to have the effect of preventing recidivism.