A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

Defendant

In addition, a person subject to probation order (hereinafter referred to as "defendant") had the mind to commit an indecent act against the victim B (for example, 34 years of age and intellectual disability 3) whose speech and behavior were divided due to mental disorder, around 14:48 March 6, 2019, from the alleyway in front of his/her residence in the Geum-gu Busan Metropolitan Government C, the victim's body was spathd from the following behind the victim's body, while drinking alcohol to the immediately preceding year and walking with the victim, and around 15:40 on the same day, the victim's chest and spaths were spathd from the victim's body while drinking alcohol together with the victim, etc. in his/her residence.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Partial statement of the witness B, and the legal statement of witness E;

1. A list of 112 reported cases, a certificate of disability, a certificate of disabled person (Evidence No. 6), a stenographic record, a CCTV image photograph (Evidence No. 12,30), a disability diagnosis certificate, three copies, an intermediary's report, and a statement and analysis opinion;

1. Determination as to the assertion by the defendant and his/her defense counsel on investigation report (the confirmation of a voice file reported 112)

1. Summary of the assertion

A. Since the Defendant and the victim’s body were spared to the extent of sparing the body body, the Defendant cannot be deemed as an indecent act, and there was no fact that the Defendant sparing the body body body of the victim with sparing the victim as stated in its reasoning.

B. The victim was the mentally disabled person.

2. In full view of the following circumstances acknowledged by the evidence adopted and investigated by this court as to the existence of an act of indecent act, it can be acknowledged that the Defendant committed an indecent act by force against the victim by using humping the body of the victim, and taking the chests, the chests, and the part thereof, etc.

Defendant

This part of the defense counsel's assertion is without merit.

The injured party shall conduct the fact of damage from the investigative agency to the court, the circumstances of the case, and the situation before and after the case.