A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a driver of a vehicle for transporting patients at C Hospital in North Korea-gu B at the port, and the victim D (V, 39 years old) is a person with severe disabilities and is a patient of the above C Hospital.

On December 14, 2019, while under the influence of alcohol on December 18:37, 2019, the Defendant: (a) fluencing the victim, standing in front of an elevator with the sixth floor of the above C Hospital, was fluencing the drinking water by hand; and (b) fluencing the victim’s chest with his own left hand once.

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

Summary of Evidence

1. Defendant's legal statement;

1. D’s statement contained in a statement recording CD, voluntary report on the crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsion by Persons with Disabilities), internal investigation report (Attachment to a victim’s welfare card), copy of the victim’s welfare card, report on the 112 reported case handling table, internal investigation report (the video recording on D (39 years old, 39 years old, 20), internal investigation report) (the confirmation of CCTV in the place of criminal investigation), CCTV closure photograph, CCTV photograph, CCTV image CD, investigation report (Attachment to a statement analysis expert opinion), expert opinion, investigation report (Attachment to a victim’s disability diagnosis report, etc.), report on disability diagnosis, etc. (applicable to employment-related statutes at the time of committing the crime);

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Disclosure of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).