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

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

Punishment of the crime

The defendant and the victim D(the age of 21) are all disabled persons of grade 2 with intellectual disability, and they are known to the "F School" as a special school for vocational education for disabled persons in Busan-gun E.

Around 13:10 on May 23, 2014, when the Defendant lacks the ability to discern things or make decisions due to intellectual disorder, the Defendant committed assaulting the victim in the second floor class of the FF school, such as searching for the victim in the said FF school, leaving him/her a campaign, leaving him/her in the third floor toilet, blocking him/her from leaving the victim’s hand, and leaving him/her off his/her panty, leaving the victim be laid off on the floor, putting him/her off the victim’s sexual flag, leaving the victim’s chest, walking his/her chest, leaving the victim’s body, and leaving the victim’s body, and putting him/her into the victim’s sexual flag.

As a result, the defendant assaulted the victim with mental disability to act of similarity.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of partially the defendant's prosecution (including G statements);

1. Each police statement made to H and I;

1. Statement recording recorded by the police against D;

1. Each written appraisal by an appraiser J, K, and L belonging to the department of law of the Busan Science Investigation Institute;

1. An expert opinion on sexual assault incidents against MM children or persons with disabilities;

1. The certificates and welfare cards of each school, each certificate of a disabled person, and the certificate of a disability;

1. In the investigation report (as to attachment of field photographs), the defendant and his defense counsel do not deny that the defendant left the victim's breast at the time and place of crime as stated in the judgment and left the victim's panty, and see the victim's panty, and only see the victim's sexual organ through violence, and that there was no fact that the victim's fingers were placed in the victim's sexual organ or the victim's sexual organ in the victim's sexual organ during the victim's sexual organ.