A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On December 28, 2016, the Defendant was sentenced to two years of a suspended sentence to six months of imprisonment for a quasi-indecent act by force at the Seoul Central District Court on December 28, 2016, and was sentenced to one year of imprisonment for a quasi-indecent act by force at the Daejeon District Court on October 17, 2018 during the grace period, and the said judgment became final and conclusive on December 18, 2018, and the said suspended sentence was invalidated, and the execution of a sentence was completed in the Seosung Prison District Court on November 8, 2019.

On January 1, 2020, at around 04:16, the Defendant discovered out that the victim C (the victim, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the am, the ambling of the victim's left hand.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. 112Report settlement statement;

1. CCTV closure photographs at the generated place;

1. Previous convictions in judgment: Details of invalidation of suspended sentence and application of statutes;

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. It is so decided as per Disposition on the grounds under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Welfare of Disabled Persons Act.

Reasons for sentencing

1. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The element of mitigation of indecent acts by compulsion (type 1) (where the degree of indecent acts by compulsion is weak, the element of aggravation: The area of mitigation of repeated crimes of the same kind which do not fall under specific violent crimes (the area of recommendation and the scope of recommendations), the area of mitigation of punishment, one month to one year;

2. Determination of sentence;