A defendant shall be punished by imprisonment for three years.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

(e).

Punishment of the crime

The defendant is in the third degree of brain disease disorder, and the victim C (the age of 55) is in the first degree of mental disorder, and is hospitalized in the E Hospital located in Daegu Suwon-gu D.

At around 21:00 on November 23, 2014, the Defendant committed an indecent act against the victim in a state of failing to resist due to mental disability, such as the victim’s sexual organ at the victim’s sexual organ at around 21:00, by leaving the room of the victim who was divingd by the above hospital 501, away from the victim’s breath, and the victim did not resist at all due time due to such mental disorder.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis for C;

1. C Application of Acts and subordinate statutes on welfare cards for disabled persons;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

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

1. The reason for sentencing prescribed in 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 (i.e., the age, family relationship, health condition, risk of recidivism, etc. of the accused; the motive and process of the crime in this case; the characteristics of the crime, such as the motive and consequence of the crime in this case; the seriousness of the crime; the personal information registration of the accused against him/her; and the completion of sexual assault treatment programs, etc. are expected to prevent the recidivism of the accused to a certain extent; etc., on a comprehensive basis of the following:

1. The scope of applicable sentences: Imprisonment for not less than three years nor more than thirty years;

2. There is no basic area (two and a half years to five years) of the types of sex offenses against disabled persons (not less than 13 years of age) on the basis of the sentencing guidelines (the scope of recommendations).

3. Legal comparison of applicable sentences and recommended sentences: Three years to thirty years.

4. Determination of sentence;