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

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

Punishment of the crime

[Criminal Power] On April 8, 2016, the Defendant was sentenced to eight months of imprisonment for the crime of indecent act by force, etc. at the Seoul Western District Court, and on October 13, 2016, the Seoul Southern Prison completed the execution of the sentence.

【Criminal Facts】

On April 27, 2019, at around 18:15, the Defendant committed an indecent act by force against the victim with mental disability, following the victim who drinks tobacco while drinking together with the number of aged people, including the victim E (in women, 39 years of age, intellectual disability 2 grade) in front of the exit 2 of the C Station in Mapo-gu Seoul, Mapo-gu, Seoul.

Since it is apparent that it is a simple omission, "Class 2 of intellectual disability" and "victim with a mental disability" shall be added to facts constituting an offense ex officio.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement of witness by the prosecution against E - One answer-type;

1. Investigation report (victim E telephone call);

1. A report on investigation (a report on confirmation of the degree of disability of a victim before the market);

1. Investigation report (verification as to whether a criminal suspect is a repeated crime);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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. Reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The scope of punishment by law: Imprisonment with prison labor for a year and six months to twenty-five years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(c) Aggravation of the sex offense subject to persons with disabilities [Type 2] / indecent act by compulsion (special person with a disability]: