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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 12:10 on April 14, 2020, the Defendant found the victim D(47 years of age) who is a disabled person of the first degree who is waiting for the call taxi of the disabled with wheel chairs in front of Michuhol-gu Incheon, Michuhol-gu, Incheon, and found the victim's face.

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

Summary of Evidence

1. Application of Acts and subordinate statutes, such as voluntary report on the statement of the police on the defendant's legal statement D, investigation report (case of attachment to a bar scam) 112 report, on-site photographs of the welfare card handling of the case, and photographs of the defendant;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 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. 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 Disclosure Orders, Notification Orders, and Employment Restriction Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Nov. 26, 2019); the proviso to Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities to the Defendant cannot be readily concluded that there was a risk of recidivism of a sexual crime against the Defendant.