A defendant shall be punished by imprisonment for not less than one year and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant was a person with a physical disability of the first degree and was aware of the fact that the victim C (the victim 56 years of age, intellectual disability 2 level) was suffering from mental disability at the welfare center B.

On April 8, 2017, around 09:40, the Defendant: (a) placed the victim and the Defendant’s assistant on the Defendant’s low-end passenger car D, brought the said D’s activity D to the F middle school located in Seogu Seo-gu, Daegu, and (b) placed the victim in the Defendant’s passenger car, and (c) had the victim in the Defendant’s vehicle at the entrance of H in Seogu, Suwon-gu.

At around 11:30 on the same day, the Defendant 1:30 on the mountain paths at H, left the victim who sits in the steering line, was frighten of the victim's chests, and was frighten of the victim's fingers inside the part of the victim, and was frightened by inserting his hand inside the part of the victim.

Accordingly, the defendant committed an indecent act against a victim with a mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Each legal statement of I, J and K;

1. Results of verification of screen pictures taken when verifying the place of crime of a victim in this Act;

1. Stenographic records or human forests;

1. A counseling record book, counseling record book, etc. (excluding the page 144 pages, 156 pages, 157 of investigation records);

1. Application of Acts and subordinate statutes concerning the details of withdrawal of vehicles from Daegu East Road;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Where a conviction against the defendant who has registered personal information is finalized under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1), the main sentence of Article 50(1), and the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;