A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

On February 16, 2012, the defendant and the respondent for an attachment order (hereinafter referred to as "defendant") were sentenced to a fine of KRW 4 million for public performance and obscene crimes, etc. at the Busan District Court. On November 30, 2012, the same court was sentenced to a suspended sentence of two years for August 8, 2012 due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and the judgment was finalized on December 8, 2012. On March 22, 2013, the same court was sentenced to a fine of KRW 1 million for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at the Public Place).

【Criminal Facts】

[2014 Gohap379]

1. Around March 27, 2014, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) was in the state that he/she lacks the ability to discern things or make decisions with the disabilities of class III of intellectual disability. Around March 27, 2014, around 20:55, the Defendant reported that the victim E (the 17-year-old age-old age-) was passed at the D gas station located in Busan Young-gu, Busan, and that there was a desire to take care of the victim E (the 17-year-old age-old age-old), and that there was no 250 meters of the street light in front of the he/she is in the same Dong with a large quantity of 250 meters from the place to the back of the female, and that the passage of the people became the best.

Therefore, the defendant was forced to commit indecent acts against the juvenile victim.

[2014Gohap705]

2. A public performance and obscene act was committed by the Defendant with disabilities of class III with intellectual disability, who lacks the ability to discern things or make decisions. Around October 18, 2014, around October 18, 2014, the Defendant committed a publicly obscene act by making a brupting the sexual organ after setting a brupt in front of the G Entertainment room located in Busan Jung-gu, Busan (hereinafter referred to as “H”), other than H (18 years old), and multiple players who passed through the place.

3. Where the defendant lacks the ability to discern things or make decisions with the disabilities of Grade III intellectual disability, the defendant shall be deemed to have violated the Act on the Protection of Children and Juveniles against Sexual Abuse and at the same time and place as paragraph (2).