Text
A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
The defendant is a person with a third degree disability suffering from skin disease, and the victim B (V, 52 years old) is a person who visits the defendant's house to the defendant's house for care and protection, and assists in cleaning, etc.
1. A quasi-indecent act: (a) around 13:00 on March 28, 2018, the Defendant forced the Defendant to commit an indecent act by force, such as, in the house of the Defendant’s apartment apartment E, and in his/her hands, he/she was exempted from the lower body of the victim who lost his/her mind due to an unforeseen reason; and (b) he/she forced the Defendant to commit an indecent act by force.
2. The Defendant taken the body of the victim who might cause sexual humiliation or shame of the victim by photographing, in the time and place under the above paragraph (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the victim’s cellular phone at the time and place under the above paragraph (1) of the same Article, the victim’s body was taken against the victim’s will.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by each police officer in F and G;
1.Each investigation report;
1. Application of each protocol of seizure and each statute of the list of seizure;
1. Relevant provisions of the Criminal Act concerning the crime, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to the registration and submission of personal information under Article 48(1)1 of the Confiscation Criminal Act, the Defendant becomes a person subject to registration of personal information under 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.
The defendant enters the military court due to the defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, disclosure order or notification order, exempted from the disclosure order, notification order, and employment restriction order.