The punishment of the accused shall be three years of imprisonment.

Punishment of the crime

On June 1, 2013, the Defendant was employed as a contract-based art clinic E in order to take charge of art therapy of the victim F (n, 16 years old) who is a disabled person with mental retardation disability (total intelligence 31, less than 2.64 years old), starting around that time, and has been in charge of art therapy of the victim F (n, 16 years old).

From October 30 to 17:20 on October 30, 2013 to around 16:35, the Defendant was running with 1:1 art therapy using ley toyss in the above E Art Psychological Treatment Center, with the intent of committing an indecent act against the victim in a timely manner, and the Defendant did not properly express his/her intent due to intellectual disorder, and instead did not refuse another person’s unfair behavior, or took advantage of another person’s state where the victim was suffering from the victim’s injury, and was fluened with the victim’s negative part.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Results of the CD verification in this Court;

1. On-site inspection records of this court;

1. A protocol of partial police interrogation of the accused (second time);

1. Stenographic records (16 pages, 258 of the investigation records);

1. Each police statement made to I and J;

1. Reports on internal investigation (related to the issuance of a certificate of disabled person and a certificate of disability diagnosis) and investigation report (related to the photographs of panty taken by the injured party at the time of damage);

1. Application of Acts and subordinate statutes governing confirmations of facts in H’s preparation;

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. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse: The defendant's age, occupation, family environment, social relationship, criminal record