1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. The defendant shall be ordered to complete a program for treating sexual assault for 40 hours.

Punishment of the crime

A victim B (one-year old, 18) is a person with intellectual disability of grade II who suffered structural damage to the relevant brain on May 6, 2005.

At around 11:00 on June 23, 2018, the Defendant: (a) around 11:00 on the first floor of the C building in Sungsung, a cleaning agent instead of the victim’s body, meets the victim’s sexual organ with the victim’s own loss; (b) entices the victim into a bath room in a bath room in his/her hand, and her sexual organ was shakend with the victim’s sexual organ below the victim’s sexual organ.

Accordingly, the Defendant committed an indecent act against the victim, who is a person with mental disability as above, and committed an indecent act against the victim by using that person’s difficulty in resisting due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Stenographic records;

1. Statement and analysis expert opinion of a child or disabled person;

1. An intermediary report;

1. Application of Acts and subordinate statutes to a copy of a welfare card, a certificate of disabled persons, and a certificate of residual disability;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes; Article 298 of the Criminal Act; Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 298 of the Criminal Act;

1. From among concurrent crimes, an aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment for Concurrent Crimes by Indecent Acts by Persons with Disabilities)

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment, 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 children and juveniles;