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

At around 15:40 on May 30, 2019, the Defendant committed an indecent act by advertising the victim C, who is a resident, using the same Bag in front of the Seojin-gu Ba, Seoul Special Metropolitan City, his residence, with the intent of committing an indecent act. Although the Defendant, as a 2nd verte in spine disability, was frighted by the victim with the disability, and refused to “math, fright, frighter, and frighter on the side of the victim,” the Defendant neglected it and neglected to “the reported frighter,” it means “the reported frighter.” on the side of the victim, and committed an indecent act in such a way as to keep the victim’s right and keep the right chest back.

Accordingly, the defendant forcedly committed an indecent act against a person with a physical disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. A protocol concerning the suspect examination of the accused;

1. Stenographic records;

1. Voluntary report (violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Indecent Acts by Persons with Disabilities) and 112 report disposal slip;

1. Investigation report (Attachment of expert opinions on sexual assault cases against the disabled);

1. Application of Acts and subordinate statutes to report internal investigation (related to attachment, such as the relation to photographs of the scene of the crime and certificates of disabled persons);

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 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. There is no history of criminal punishment for the accused under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information or an order to notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the completion of registration of personal information