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 80 hours.

Punishment of the crime

【Criminal Facts】

Victim D(M, 16 years of age, 16 years of age) is a person who can be seen that there is a intellectual disorder in the field of a gold-proof conversation, such as the speech is divided and the conversation is not well-beingd.

In addition, around November 8, 2014, the Defendant discovered a victim who fested “G” festivals and returned to the house before the F Office located in Sejong Special Self-Governing City E, and was aware of the victim’s status as the Defendant’s passenger car typeed the victim to his house.

On February 3, 2015, at around 14:40, the Defendant discovered the victims waiting for buses at the bus stops located in Sejong Special Self-Governing City E and gave them to their destination. On the pretext that the Defendant was working on the Defendant’s car while stopping the said car on the road located in Sejong Special Self-Governing City, the Defendant stopped the said car on the road located in Sejong Special Self-Governing City, and then the victim’s bucks, bucks, and so forth

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

[Judgment of the court below] The Defendant committed a sexual crime against a person with a mental disability under the age of 19, and is likely to recommit a sexual crime in light of the circumstances and frequency of the crime, the Defendant’s environment, character and conduct, record, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. 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 crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

4. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

5. Regarding a specific criminal who committed an order to attach an electronic tracking device.