A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On June 30, 2017, the Defendant was sentenced to a suspended sentence of six months in the Busan District Court on the grounds of injury, and the judgment became final and conclusive on July 8, 2017, and is currently under the suspended sentence.

On September 21, 2017, the Defendant, at around 21:00, committed an indecent act against the victim D(Seoul, 23 years of age) with intellectual disability 2, who resides in the apartment of the same apartment in Busan, Seo-gu B apartment, Busan, with the intent of committing an indecent act against the victim, and the victim refers to the victim as soon as he refuses to do so, and the victim continuously collected the Defendant's sexual organ into the victim's entrance, and made the victim enter the victim's sexual organ as soon as possible.

Accordingly, the defendant committed an indecent act by force on the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement recording records (D);

1. Two video CDs attached to a criminal investigation report (victim D 22 years of age, cadastral record 2 years of age, and cadastral record 2 years of age);

1. Reports on internal investigation (Attachment to certificates, etc. of disabled persons of victims);

1. Previous records of judgment: Application of an inquiry report on criminal records, etc., report on the results of confirmation of the previous disposition, and investigation report (report on confirmation date) Acts and subordinate statutes;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosing or notifying personal information; Article 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant did not have committed any sexual crime before committing the instant crime; and it is difficult to deem that the Defendant is highly likely to commit any sexual crime against an unspecified person in light of the background, method and consequence of the instant crime, Defendant’s character

In the future, the effect of preventing recidivism is also limited to the registration of personal information on the accused and the program program for sexual assault treatment.