A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 160 hours.

Punishment of the crime

1. On November 2013, 2013, the Defendant committed an indecent act by force against the victim with physical disability, who was a disabled person of the second degree disability who lives on the same floor in the elevator of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, with the physical disability of the victim D (the age of 46).

2. On March 2014, the Defendant: (a) committed an indecent act by force against the victim with physical disability by having the victim talked with the victim on the front floor of the apartment building, stating that “it is difficult to look at the victim” on the part of the victim; and (b) committed an indecent act by force against the victim with the victim’s physical disability by having the victim danced.

Summary of Evidence

1. Partial statement of the defendant;

1. Stenographic records of police video recording of victims D;

1. Ethical letters;

1. Investigation report (a copy of the welfare card for the disabled of a victim);

1. Application of two Acts and subordinate statutes to dancing photographs;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Whether a case constitutes “a special circumstance to not give notice of personal information” provided for in Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify information, and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes “a special circumstance to not give notice of personal information” means the Defendant’s age, occupation, risk of recidivism, etc., the type, motive, process of the relevant crime