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

Punishment of the crime

The Defendant is a second-class patient with a disability who had been receiving medical treatment at C Hospital due to stimulative disorder, etc., and the victim D(V, 45 years old) is a third-class patient with a mental disorder and has been under medical treatment at the same hospital.

The Defendant stated “06:39” in the instant indictment on April 19, 2014, but it is obvious that it is a clerical error (2014 high-conformity322 evidence No. 11, 19). Thus, the Defendant’s amendment is without any amendment to the indictment.

In the 6th floor of C Hospital 607, the 6th floor in the Daegu Dong-gu, Daegu-gu, caused the victim's desire to report and talk with another patient, so that the victim's face was taken in two hands, and the victim's face was fit.

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

around 18:00 on July 25, 2013, the Defendant “2014 High-Risk331” refers to “a victim F (Fr. 57 years of age) who had avoided tobacco with a patient of C Hospital in front of the event of the smoking room in the 1st floor parking lot in Daegu-gu, Daegu-gu, as “a person who causes drinking at a third-class bath”, and committed an indecent act by force against the victim by putting the victim’s shoulder by hand from behind the victim.

Summary of Evidence

[2014Gohap32]

1. Partial statement of the defendant;

1. Written statements of D;

1. Each report on internal investigation:

1. Recording records;

1. Written opinion regarding D;

1. A copy of the D’s welfare card (2014, 331);

1. Partial statement of the defendant;

1. Each police statement of G and H;

1. A written statement;

1. Each report on investigation;

1. Recording records;

1. Application of Acts and subordinate statutes to written opinions on sexual assault cases against disabled persons;

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

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of the punishment plus the long-term punishment of the crimes above two crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment];