Defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall complete a sexual assault treatment program for 100 hours against the defendant.

Punishment of the crime

[Criminal Power] On April 27, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Fraudulent Act against Persons with Disabilities) at the Daejeon District Court, and the said judgment became final and conclusive on August 31, 2018.

【Criminal Facts】

The defendant and the victim B(n, 15 years of age, 15 years of age, 2 years of age) are between the victim and the victim through Internet hosting at the time of wintering in the third year of middle school. The victim is the victim's intellectual disability Grade 2, whose total intelligent index is 51 and social ability index is 5 years of age and 5 months of age.

피고인은 피해자와 동갑인 ‘C’으로 행세하며 피해자와 채팅을 하여 피해자와 친근한 사이가 된 후, 피해자에게 “밥도 사주고 좋은 물건을 사주는 ‘D’이라는 60대 아저씨가 있다”라고 자신을 소개하여 피해자와 실제로 만난 다음 피해자에게 음식이나 시계, 속옷 등의 선물을 사주며 피해자의 환심을 샀고, 그 과정에서 피해자가 다른 사람의 말을 잘 알아듣지 못하고 질문에 대한 대답이 느리며 발음이 부정확하여 의사소통에 어려움이 있고, 기본적인 학습 능력, 의사소통 능력 등이 연령에 비해 크게 떨어져 지체가 심한 사실을 발견하고 피해자가 지적장애인임을 알게 되었다.

1. On February 8, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) around 12:00, at the victim’s residence of the E apartment and F, the Defendant: (a) purchased panty and brode as futures to the victim; (b) had the victim go to go to the victim; (c) had the victim directly go to go to the victim; and (d) had the victim come to go to the victim’s chest from behind the victim’s own side.

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

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities, Etc.) has mental disability as above between February 15, 2017 and April 21, 2017.