A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

[criminal record] On July 25, 2014, the Defendant was sentenced to imprisonment for a period of three years and six months by rape, injury, etc. at the Ulsan District Court, and completed the execution of the sentence on November 6, 2017.

【Criminal Facts】

피고인은 2019. 1.경 부산 영도구 B에 있는 C요양병원 D호 병실에서, 입원 치료 중이던 피고인의 모친을 간호하던 중, 같은 병실에서 입원치료 중인 중증 치매환자인 피해자 E(여, 84세)를 보고 피해자를 추행할 마음을 먹고, 병원관계자가 없는 틈을 이용하여 피해자의 양쪽 가슴과 젖꼭지를 꼬집고 만졌다.

As a result, the Defendant forced the victim to commit an indecent act, and inflicted an injury on the victim, which requires approximately two weeks of treatment, on the victim, such as scarkes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Damage photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of repeated crimes) or Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment to register and submit personal information 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 Act on Welfare of Persons with Disabilities ( December 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the accused shall be personal information prescribed by Article 42(1)