A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant is the family member of a church with the victim B (the age of 53) and the husband of C, who is the member of the above church, and the victim is remarkably low in all kinds of recognition functions as a result of clinical psychological evaluation conducted by clinical psychologist D (FSI Q 41), and social capabilities are very poor (social index S Q28).

On August 27, 2019, between 14:00 and 15:02, the Defendant committed an indecent act, such as: (a) the Defendant, at the home of the Defendant in the Jeonsung-gun, carried the Defendant’s wife back to the house located in the separate debt distribution building; and (b) the victim, using the victim’s intellectually disabled, using the victim’s ability to recognize and judge sexual intercourse with the victim; (c) putting his finger into the inner part of the victim who was seated; and (d) putting his fingers into the victim’s panty, and putting his fingers into the victim’s panty.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's physical or mental disability in a state of difficulty to resist or resist.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records - Victims;

1. Certificate of the disabled;

1. Application of Acts and subordinate statutes of a clinical psychology evaluation report;

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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 notify, the fact that the accused has no history of sex offense, the sentence of imprisonment to the accused, the registration of personal information, the completion of sexual assault treatment programs, and the restriction on employment alone seems to have an effect of preventing recidivism.