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

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

Punishment of the crime

On August 13, 2018, the Defendant: (a) laid off the victim D (one’s name, 30 years of age, intellectual disability 2 level) at a separate collection place in the Jung-gu Government-si B apartment C Apartment on August 17, 2018; (b) laid off the victim D, and met the victim’s chest with his hand in a lower part of the lock, and only filled up his hand.

Accordingly, the defendant forcedly committed an indecent act on a person with mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Prosecutions and police interrogation protocol of the accused;

1. Video CDs recorded by victims, stenographic records recorded by victims, intermediary reports, and expert opinions on sexual assault against persons with disabilities;

1. A statement of victim-friendly omission, written statement, or written application for carbon;

1. Application of Acts and subordinate statutes to criminal land, internal investigation report (on-site and CCTV confirmation), site and CCTV confirmation, field CCTV CDs, investigation report (the fact that the victim is with a intellectual impairment 2);

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment 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 (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( January 16, 2018), Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Personal information of the Defendant is disclosed in full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the crime of this case; (c) the Defendant’s age, character and conduct, social ties relation; (d) criminal records (no sexual crime record was committed; (d) the risk and effect of recidivism; (e) the disclosure order and notification order;