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

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

Punishment of the crime

The defendant was aware that he was unable to have a normal judgment by providing money to the previous victim upon request for a sexual intercourse with the victim C(Influence, 48 years of age) who was mentally ill, and that the defendant was aware that he was unable to have a normal judgment by responding to the request for a sexual intercourse.

On March 2, 2016, at around 23:59, the Defendant provided alcohol to the victim's house in Ulsan-gu D and Ulsan-gu, Ulsan-gu, and the first floor, and had her drinking together, but the Defendant was able to take measures on the ground that the victim went to escape in the middle, the Defendant committed an indecent act against the victim by putting the victim's finger in the body of the victim by drinking him/her at one time and drinking him/her at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Stenographic records;

1. Each report on investigation;

1. Photographs and a detailed statement of reported processing;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities, written determination on grades of persons with disabilities;

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. 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. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences under law: Imprisonment with prison labor for up to 6 months up to 15 years;

2. Scope of sentence according to the sentencing guidelines (decision of type), sex crimes, general standards, sex offenses against persons with disabilities (at least 13 years of age), deceptive schemes, and indecent acts against criminal force (special-pact persons) [the scope of recommending punishment]: From 9 months to 1 year and 6 months (the area of mitigation);

3. The crime of this case, which was sentenced, was committed by the defendant with mental disorder 3 only once every part of the sound and chest of the victim.