A defendant shall be punished by imprisonment for five years.

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

Criminal facts

In addition, the facts constituting the cause of the medical care and custody claim [criminal facts] The defendant and the person who received the medical care and custody claim (hereinafter referred to as the "defendant") are persons with disabilities of class 2 with intellectual disability, who have a serious mental disorder or mental symptoms, and thereby lacks the ability to discern things or make decisions.

On April 27, 2017, the Defendant: (a) around 18:50, at a male toilet at a 4th class educational institute of the C Building, the Defendant: (b) had the victim D (tentative names and nine years of age) who was in the toilet to view the urine, and forced the victim to commit an indecent act; and (c) had the victim frighted in the mouth of the disabled and fright up to the clothes of the body.

The defendant continued to sit kel kel in a lid kne kne kel, and knee the victim's sexual flag by entering the kne, and continued to knick the victim's sexual flag by hand, and kick the victim's sexual flag in the victim's sexual flag.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

[Facts constituting the cause of a request for medical care and custody] Although there was a record of having been suspended of indictment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a indecent act committed by a minor under the age of 13), a person who again committed the sexual crime of this case falling under imprisonment without prison labor or heavier punishment under the state that he lacks the ability to discern things or make decisions due to intellectual disability, and has been appraised as necessary for the medical treatment of mental disorders and the prevention of recidivism, and thus, there is a need for medical treatment at the facilities for medical care and custody

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of the statement made by the victim or video recorded CDs in the victim;

1. Investigation report (the telephone content of the reporter who discovered and reported the victimized child);

1. CCTV;

1. Non-prosecution decision-making and written opinion;

1. A diagnosis certificate of a disability, a report on psychological evaluation, and a survey report prior to the request;

1. The necessity of the treatment as indicated in the judgment and its recidivism;