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

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

Punishment of the crime

The public prosecutor prosecuted the defendant against the indecent act committed by the defendant against the victim with mental disability under Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act. However, on July 16, 2019, the defendant added the facts charged that the defendant committed an indecent act against the victim with mental disability by force, and applied for permission to revise the indictment adding Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the applicable provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. The court permitted the modification

Since this Court found the defendant guilty of the facts charged in addition to the selective charges, it does not make a separate judgment on the existing facts charged.

The Defendant, who was judged as having a physical disability Grade 5, had been working in the facility B and had been aware of the fact that he/she became aware of the fact that he/she had been judged as having a intellectual disability 2 in the facility B, was involved in an indecent act against the victim.

On February 6, 2019, from around 13:30 to 18:00, the Defendant, within the “E” restaurant located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Defendant continued to have his fingerd with the victim’s entrance alcohol, put his finger into the victim’s inner part, and continued to have the victim’s fingerd.

Accordingly, the defendant committed indecent acts against the victim with mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by the victim C (Gain) recorded in the statement recording CD;

1. Application of Acts and subordinate statutes to copies of certificates of persons with disabilities, copies of certificates of persons with disabilities, and copies of psychological evaluation reports;

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

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

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;