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

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

Punishment of the crime

The defendant is between the victim B (n, 35 years of age) and the victim who does not have a common sense, and the victim has a intellectual disability.

At around 14:20 on April 28, 2018, the Defendant: (a) committed an indecent act against the drunk victim in front of the D Public Square, and (b) took the victim, who forced him/her to fit himself/herself for dancing with the victim and leave the defendant, and (c) took charge of his/her chest by inserting his/her hand into the victim’s inner part; (d) put his/her finger into the panty part; and (e) putting his/her finger into the part of the victim’s negative part.

Accordingly, the defendant added his fingers to the victim's sexual organ by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and B;

1. Relevant Article 297-2 of the Criminal Act concerning criminal facts;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction becomes final and conclusive as to the facts constituting a crime in which personal information is registered in accordance with Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); the Defendant is a person subject to registration of personal information pursuant to the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Defendant is obligated to submit personal information to the competent agency

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking account of the circumstances surrounding the instant crime, the Defendant’s age, character and conduct, environment, previous convictions (no sex crime record), and the risk of recidivism, and the effect expected by the disclosure or notification order, and the disadvantage and anticipated side effects of the Defendant.