A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Punishment of the crime

The defendant is in a relationship with the victim who is a disabled person of the first degree of intellectual disability between friendly C and her father-child relationship with the victim.

On 2012, the Defendant, at the home of the Defendant located in Gangseo-gu Seoul Metropolitan Government E, laid up the Defendant’s pursuant to 102th floor of the building in Gangseo-gu, and laid down the Defendant’s pursuant to the Defendant’s dog, who is a kind of friendship, and frightly committed indecent act by force on the part of the victim by spreading the chest and the sound.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement-recording CDs (victim D);

1. Each prosecutor's statement made to H, I (one time), G, and J;

1. Each police statement made to I and H;

1. Investigation reports (Attachment of investigation reports on children and persons with disabilities, attachment of reports on victim D and I counseling days for reference, attachment of reports on psychological evaluation, attachment of reports on psychological evaluation, interview and investigation by a pastor of the K bridge, attachment of documents on medical records of the victimized child and person with disabilities, attachment of copies of medical records of the victimized child and person with a disability, submission of victim D psychological examination and verification of victim D

1. Determination on the assertion of the accused and the defense counsel, such as family relation certificate

1. The assertion as to whether the facts charged are specified

A. Inasmuch as the time and place indicated in the instant facts charged are not specified as the scope of the instant indictment is not widened, the public prosecution procedure of this case is unlawful and invalid, and thus, the public prosecution ought to be dismissed.

B. The purpose of Article 254(4) of the Criminal Procedure Act, which requires the person to have specific elements of the facts charged, is to facilitate the exercise of the right of defense by specifying the scope of the defendant's defense. As such, the facts charged are sufficient to include the specific elements and to the extent that it is possible to distinguish specific facts that meet the elements of the crime from other facts, and the "date of the crime" under the above legal provisions, is to be stated to the extent that it does not conflict with double prosecution or prescription. Thus, even if the date of the crime is not specified in the indictment, it does not go against the extent mentioned above, and it is also the nature of the crime.