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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
[criminal record] The Defendant was sentenced to a suspended sentence of two years and six months, on July 2, 2015, for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compacting between persons with disabilities, etc.) in the Credit Support by the Suwon method, and was sentenced to a suspended sentence of three years and six months, and on October 2, 2015, the judgment becomes final and conclusive and is currently
[Criminal facts] The Defendant is a person with intellectual disability with a point of 69 years of age, 10.8 years of age, and 67.5 years of social maturity, and a victim C (n, 8 years of age).
While Defendant 1 had no capacity to discern things or make decisions due to such mental delay as above, at the Defendant’s house located in Snju-si D around 17:00 on November 2015, 2015, he covered the instant payment with the victim (the age of 6 at that time) and viewed TV, Defendant 1 heard the horses that “the cartoon is changed” from the damaged person, and would make a cartoon scam with the victim.
The term “the victim” and “the victim’s knifies the victim’s knifies.”
Accordingly, the defendant committed sexual abuse against the victim under 13 years of age, and committed sexual abuse that causes sexual humiliation to the victim.
Summary of Evidence
1. Each legal statement of witness C and E;
1. Stenographic records;
1. Investigation report (recording statements);
1. A family relation certificate (E, A), an abstract of each resident registration card (E, A), and a certified copy of each resident registration card (E, F);
1. Statement analysis expert's written opinion;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);
1. Article 5(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the pertinent Act on Criminal Crimes (the charge of forced indecent acts by blood) and Article 7(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 298(1) of the Criminal Act (the charge of forced indecent acts against minors under the age of 13), Article 71(1)1-2 of the Child Welfare Act, and Article 17 subparag. 2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Article 17 subparag. 2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes), the bill of indictment appears to be “Article 71(1)2 and Article 17 subparag. 2 of the Child Uniforms Act.”
sexual abuse (the point of abuse)
1. The Commercial Concurrent Crimes Act.