Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who was hospitalized in “D Hospital’s 11th floor in Seongbuk-gu, Mannam-si, Mannam-si, with the symptoms of alcohol and Albuses, and the victim E (as such, 43 years old, intellectual disability 3 level) was hospitalized in the same hospital with the respect to alcohol.

At around 14:00 on August 9, 2014, the Defendant participated in the “singing treatment program” and committed an indecent act against the victim by forcing the victim to use approximately 20 minutes of her body in a way that the victim sing the victim’s strings his her body behind the victim, sing the victim’s singing, seated, sing the victim’s her body behind the victim, etc., and sing down the victim’s her body in a state where singing the victim’s body. The Defendant, at around 1101, took part in the “sing treatment program” and singing the victim’s her body.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Recording records;

1. Report on internal investigation (the status of the measures taken to receive the report of this case and whether the damaged person obstructs it);

1. Application of the place of crime and the Acts and subordinate statutes on psychological evaluation and analysis;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. There are special circumstances in which an order to attend a lecture cannot be issued, comprehensively taking into account the Defendant’s age, sexual behavior, environment, etc., as the Defendant is currently hospitalized in a hospital because of his/her symptoms of dementia caused by alcohol and impedes his/her memory ability due to his/her severe damage to his/her memory ability and judgment ability, and other special circumstances in which an order to attend a lecture cannot be issued;

[Determination]

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;