A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On July 24, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of assault at the Ulsan District Court for six months, and the said judgment became final and conclusive on August 1, 2018. However, on December 5, 2018, the said suspended sentence was revoked and the execution of the said sentence was terminated in a medical prison on April 23, 2019, and on November 22, 2019, the said judgment became final and conclusive on November 30, 2019.

Criminal facts

On September 14, 2019, around 16:50 on September 16, 2019, the Defendant committed an indecent act against the victim by punishing the customers and time expenses of the store operated by the victim C (the age of 45) in the street near the Dong-si B, which the victim took care of the victim, making the victim take care of the victim's bath with his hand, continuing to do so with the victim's left chest part of the victim's hand three times.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C, D, and E;

1. Previous convictions: Criminal records, investigation reports (Attachment of repeated crimes and related judgments), court rulings (No. 14 No. 5 of evidence lists), and application of Acts and subordinate statutes to the current status of confinement of individuals;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the crimes of this case and the injuries for which judgment has become final and conclusive) concerning concurrent crimes;

1. Article 16 (2) and the main sentence of paragraph (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. According to the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is led to an indecent act against the victim, beyond simply engaging in an indecent act and resulting in an indecent act by force.