A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The Defendant, who is a disabled person of the first degree with the mental handicap in the same Donge, was aware that the victim C(23 years of age) was unable to express his/her will to lack intellectual ability due to mental disorder, and that he/she was not aware of the fact that the Defendant’s horse was well heard and resisted, and used that fact to commit an indecent act against the victim.

From June 2013 to around 8, 2013, the Defendant discovered that the victim was seated at 58-ro 23-gil, Gangnam-gu, Seoul, the Nowon-gu, Seoul, and accessed the victim’s home, which is the Defendant’s ownership, carried the victim into the back seat of the defendant in the same Gu, and moved the victim into the back seat of the defendant in the same Gu, which is the Defendant’s possession, and found that the victim was off the victim’s sexual organ by hand, and caused the victim to be found out of the victim’s sexual organ by hand.

Accordingly, the defendant committed indecent acts on people by using the state of mental disability to resist.

Summary of Evidence

1. Defendant's legal statement;

1. A statement recorded in police recorded CDs with C;

1. Report on internal investigation (to listen to the statements of victims on internal investigation and telephone conversations);

1. Seizure records;

1. The application of Acts and subordinate statutes to psychological inspection and evaluation, welfare cards, psychological evaluation reports, and disability diagnosis reports;

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

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 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.