A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

Around July 13, 2014, the Defendant: (a) was believed by the victim D (at the age of 20) who is a person with a mental disorder of the first degree who is a public special school at school, and is believed to have been sexually damaged on several occasions; (b) on the part of the victim, the Defendant was forced to leave the victim’s wife. On July 13, 2014, at around 07:55, the Defendant called the victim’s phone to turn the victim into the E branch of Sung-gu, Sungnam-gu, Seoul, his/her father-gu, his/her his/her father’s residence, who is a public special school.

피고인은 같은 날 08:20경 그곳 거실에서 피고인의 딸이 교회를 가 피해자와 단둘이 있게 되자, 옷 위로 피해자의 가슴을 만지고, 피해자를 밀어 바닥에 넘어뜨려 항거할 수 없도록 한 후, 상의를 걷어 올리고 약 5분 동안 혀로 피해자의 가슴 부분을 핥고, 바지 위로 음부 부분을 만졌다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. The investigation report (the results of the electronic analysis) and the application of Acts and subordinate statutes to the investigation report (the investigation of the contents of command);

1. Relevant 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 facts constituting an offense;

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. The accused has no record of being punished for committing a sexual crime before the instant case, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

As the defendant does not repeat because he or she has committed a crime against his or her own mistake, the registration of personal information and participation in sexual assault treatment lectures are also prevented.