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

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

Punishment of the crime

On January 1, 2018, the defendant, at around 14:30, the date of the mid-term 2018, 14:30, the defendant was the victim E (the family name, 49 years old, intellectual disability 2 grade) who is the same resident of the same apartment unit as the same apartment unit in the first floor of the same apartment unit in the 106-dong, Chungcheongnam-do, Chungcheongnam-do, 106-dong, and the defendant was to board the elevator in the elevator. The defendant was to put the victim's hand in the elevator, put the victim's chest in the inside the victim's injury, and the victim's chest was stored in both hands.

Accordingly, the defendant committed an indecent act against the victim who is unable to resist or resist due to mental disability.

Summary of Evidence

The application of the police report on investigation of E’s statement F contained in the Defendant’s legal statement recording CD (the victim’s welfare card copy and disability verification) to the Defendant’s statement F

1. Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and selection of imprisonment with prison labor;

2. 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).

3. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing):

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

5. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, to notify, and to restrict employment, and the proviso to Article 50 (1) and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for a sexual crime or any other general risk of recidivism of a sexual crime, such as having no record of punishment for a sexual crime);

It is difficult to readily conclude, only with the registration of personal information on the defendant and the lecture of sexual assault treatment can prevent recidivism.

The defendant's age, occupation, family environment, social relationship, method and result of the crime, disclosure order, notification order and employment restriction order, the preventive effect expected by the defendant's age, occupation, family environment, social relationship, method and result of the crime, disadvantage and anticipated side effects of the defendant.