A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a person who lacks the ability or decision-making ability to discern things due to mental disorder such as Grade 3 of intellectual disability or a person who has proved dependence on alcohol use.

On August 28, 2015, the Defendant: (a) at D Hospital 510 heading rooms located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), which was hospitalized to treat light alcohols at around 22:50 on August 28, 2015; (b) the victim E (the 63 years of age) who is the patient suffering from the next patient of the Defendant, does not restrain his/her own act of the voice symptoms of his/her mental fissiona; and (c) the Defendant does not attempt to move, or gives up his/her self-management.

In order to prevent from being in a state of severe inorganic force due to this, the nurse who was suffering from his/her will and tried to get off his/her will and sexual intercourse with the victim, but did not have sexual intercourse with the nurse who was suffering from his/her disease to verify the signs of active force.

Accordingly, the defendant did not intend to engage in sexual intercourse by taking advantage of the victim's non-opportunable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation;

1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;

1. In full view of Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness (the written diagnosis and opinion of the accused, a disabled person’s certificate, and the following circumstances known by a hospitalization certificate, the motive and circumstance of the crime, the means and manner of the crime, the act of the accused before and after the crime, the investigation, and the attitude in the trial, etc., the Defendant was in a state that he had the ability to discern things or make decisions at the time of the crime in this case.

The decision is judged.

The defendant is a person with a intellectual disability of the third degree.

From March 5, 2014 to August 21, 2015, the Defendant is a military force following the dependence on alcohol use in the Seoul National Hospital four times.