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

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

Defendant

In addition, at around 07:10 on August 30, 2018, the person requesting probation order (hereinafter referred to as the "defendant") went to one's house after drinking together with the victim and the victim's male-child room at the family of the victim C (the victim 38 years old), but the victim and the victim's male-child room in the inner bed and pushed back again into the inner part of the victim's house and pushed away from the bed, through a door that is not locked between the victim and the victim's male-child room.

Accordingly, the Defendant committed indecent acts as above by taking advantage of the victim’s mental disorder or resisting condition of the victim who was locked by intrusion upon his residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Each police statement of C or D;

1. Investigation reports and the application of text messages to Acts and subordinate statutes;

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes; Articles 319 (1), 299, and 298 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. In light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Public Disclosure and Notice Orders and Employment Restriction Orders; (b) 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; and (c) the proviso to 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); and (d) the Defendant requested the victim to use a letter and agreed with the victim; and (e) the Defendant was sentenced to a fine for negligence of ten years prior to indecent act by force; and (e) the Defendant’s completion of a sexual assault treatment program alone has the effect of preventing