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A defendant shall be punished by imprisonment for one year.
To order the defendant to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The defendant is a person with visual disability of the first degree.
On November 12, 2013, the Defendant: (a) on the front day of the “Maart in Gwangjin-gu Seoul Special Metropolitan City,” the victim D (V, 18 years of age) who is a disabled person of Grade 2 with intellectual disability that was known in the middle day of the “Maart.”
On November 12, 2013, "I am at home", "I am at home", "I am at home of the defendant's office located in Gwangjin-gu Seoul, and "I am at home", "I am at home", "I am at home", and "I am at home", and "I am at home, I am at home", and am at home of the victim, and am at home of the victim's sexual intercourse.
Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile with weak ability to discern things or make decisions due to mental disorder.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. The statement made in D in video recording CDs;
1. Criminal place and a copy of each investigation report (Attachment of the details of submission of the victim's complaint, attachment of a report on psychological evaluation of the victim, attachment of a photograph of the scene of the crime, and a statement and analysis expert opinion);
1. The application of Acts and subordinate statutes to answers to psychological evaluation reports, photographs at the scene of crimes, written opinions on sexual assault against intellectual disabled persons (after-inspection), and advisory matters;
1. Article 8 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. An order to disclose information and a notification order may have an effect to prevent the Defendant from recommitting a crime even if the Defendant had no record of punishment for a sex offense before the instant crime, and the registration of personal information and the completion of sexual assault treatment programs, to a certain extent, on the sole basis of the fact that the Defendant had no record of punishment for a sex offense;
In addition, the defendant's age, occupation, family relationship and social relationship, and this case.