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

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

Punishment of the crime

On March 18, 2019, at around 23:50, the Defendant, at the main point of the trade name “C” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Cheongju, performed drinking together with the victim D (name, fin, 38 years of age) father E and the victim, etc., the Defendant was able to take the victim’s hand by putting the victim’s hand on the side of the victim of intellectual disability 2 in order to put the victim into the toilet.

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

Summary of Evidence

1. Defendant's legal statement;

1. A statement made in D contained in a statement recording CD;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to seat forests and certificates of persons with disabilities;

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. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the defendant has no record of punishment for a sexual crime, etc., it is difficult to readily conclude that the defendant is in danger of re-offending of a sexual crime; personal information of the defendant against the defendant and the completion of a sexual assault treatment program can be said to have the effect of preventing re-offending; and there are other special circumstances in which the defendant's age, occupation, family environment, social relationship, method and consequence of the crime, disclosure order, the preventive effect expected by the notification order, the disadvantage and anticipated side effects of the defendant's entry, the victim protection, etc. shall not be disclosed or notified).