Defendant shall be punished by imprisonment for a term of one year and six months.

Provided, That the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On July 5, 2018, at around 08:30, the Defendant committed an indecent act by force against the victim, who is a disabled person, on his own hand, while making the horses to the victim D(one name, half, 24 years old) with intellectual disability 2, which was sitting in the table B, in the first floor of the C Welfare Center in Seongbuk-gu, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. stenographic records, etc.;

1. Application of Acts and subordinate statutes certifying persons eligible for disability pensions;

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Dec. 11, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15452, Dec. 11, 2018); Article 59-

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Protection of Children and Juveniles against Sexual Abuse are disabled persons;

In light of the background, place, degree, and content of the crime, it is difficult to view that the defendant is highly likely to repeat the sex offense subject to disclosure and notification order.

It seems that the effect of preventing recidivism can be reduced to some extent through the registration of personal information, order to attend education, and employment restriction order for the accused.

In addition, the age, family environment, social relationship, disclosure order, and notification order of the accused are disadvantageous to the accused, expected side effects, and the effects of preventing sex crimes that can be achieved thereby, and the effects of protecting the victims.