A defendant shall be punished by imprisonment for a term of one year and three months.

The defendant shall complete a sexual assault treatment program for 120 hours against the defendant.

Punishment of the crime

【Criminal Power】 On July 19, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) in support of the Suwon District Court, and completed the execution of the sentence in Anyang Prison on May 26, 2020.

【Criminal Facts of Crimes】 On June 5, 2020, at around 09:00, the Defendant started from the Sinnam-ro, 424, the south-nam-Eup, the west part of the victim C (hereinafter 24 years old), who was seated on the side, was used as the Defendant’s hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of 112 Reporting Case List with respect to C, and each investigation report (Evidence List No. 7, 8, 11, 13);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, etc., personal identification records, personal identification records, previous dispositions, results of confirmation, and reporting;

1. Article 11 of the relevant Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. The Defendant and the defense counsel under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, arguing that the punishment of this case should be mitigated on the grounds that the Defendant committed the instant crime with the lack of the ability to discern things or make decisions due to a mathic and shock disorder. However, the evidence submitted by the Defendant and the defense counsel alone led to the state in which the Defendant was unable to discern things or make decisions at the time of the instant