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

Punishment of the crime

While the Defendant was hospitalized in the C Hospital located in Daegu Dong-gu B for the treatment of her early illness, the Defendant became aware of the second class D victim of the intellectual disability who was hospitalized in the same hospital due to behavioral disorder symptoms.

On June 16, 2019, at around 08:00, the Defendant reported the victim who was making a telephone using a public telephone device from the fifth floor of the hospital, and committed an indecent act against the victim. The Defendant, entering a public telephone room, fit the victim’s face by hand, and committed one hand on the right chest of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on internal investigation (a video recording and stenographic records attached to victim D), stenographic records;

1. Each report on internal investigation (in relation to victims, suspected suspects, interviews with visitors, on-site CCTVs, and accompanying certificates of persons with disabilities);

1. Each investigation report (to attach an intermediary report and a statement analysis opinion);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (in light of the fact that the defendant is receiving medical treatment as a early injury, it is deemed difficult for the defendant to normally implement an order to attend a lecture or to expect the effect of preventing recidivism of sexual crimes through an order to attend a lecture, and thus,

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the protection of children and juveniles against sexual abuse;