A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The Defendant, as a person of class 2 of intellectual disability, found that the Defendant, from July 15:13, 2015 to July 15:23, 2015, when he/she had weak ability to either distinguish things or make decisions, he/she committed an indecent act by force against the victim, such as: (a) having been seated next to the front line in the D Station from the D Station 1 to the 15:23 on July 7, 2015; and (b) having been sitting down on the left side and right side of the female; and (c) having been sitting down on the part of the victim’s left side and right part; and (d) having been fluoring the breast part by hand.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigative reports (to make statements on telephone conversations of wooden persons);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the selection of the relevant criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive against a defendant who is obligated to register and submit personal information pursuant to the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than 15 years;

2. Application of the sentencing guidelines [type determination] type 2 of the crime of forced indecent conduct (subject to more than 13 years of age) by force on the general criteria of sexual crime groups [the person subject to special mitigation] mental and physical weakness (no one responsible for him/her] [the decision of the punishment recommended].