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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From around 08:00 to around 09:00 on August 5, 2018, the Defendant committed an indecent act, such as: (a) the victim, who was suffering from intellectual disability 3 in the residence of the victim C (a person under the age of 42) located in Gwangju City building B, who was seated with a tabler; (b) the victim’s boomed with a brue, and the victim’s brue with his/her brue with his/her brue and brue with his/her brue with his/her hand, etc., coming as the brue part of the victim’s chest, brued part of the victim’s chest, and

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the statement made by the defendant in court, stenographic records (victim's statement), criminal investigation report (Opinion analysis expert opinion on the complainant's statement), and intermediary report;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15452, Mar. 13, 2018); the main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. It is difficult to readily conclude that a defendant has the same criminal records and risks of recidivism of sexual assault due to the lack of such criminal records as to exemption from disclosure and notification orders, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children

It seems that the effect of preventing recidivism can be expected through the registration of personal information against the defendant, taking courses in sexual assault treatment, and employment restriction order.

The ages, occupations, and names of defendants;