A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On June 21, 2018, the Defendant: (a) around 15:10 on June 21, 2018, around 15:10, the Defendant: (b) affected communication or social judgment due to a disability by the victim D (the disabled, the disabled, the age of 24) who was a 1st degree of intellectual disability that was boarding a bus adjacent to the transit bus in Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, Seoul; (c) was unable to understand the meaning of sexual behavior properly; and (d) took advantage of the fact that physical resistance is impossible or considerably difficult, the Defendant was s

Accordingly, the defendant committed indecent acts against the disabled victim by taking advantage of the victim's mental disability such as disability to resist or to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements recorded CDs with D;

1. Statement of police statement concerning E and F;

1. A certificate of disability, certificate of disability, and expert opinion;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The accused shall have no record of criminal investigation or criminal punishment, except for those sentenced to a fine not exceeding 45 years under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse exempted from disclosure and notification orders

It seems that only the registration of personal information and participation in sexual assault treatment can prevent recidivism by the defendant.

In addition, considering the fact that the Defendant’s age, family environment, social relationship, and disclosure notification order shows that the effect of preventing sexual crimes, etc. can only be achieved compared to the disadvantage and anticipated side effects to be borne by the Defendant is not significant, it shall be comprehensively considered.