A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The prosecution was prosecuted as a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Persons with Disabilities) but changed the indictment due to forced indecent conduct.

The defendant and the victim B (the age of 43) are intellectually disabled persons, and they are dispatched to the D Sports Association through the welfare job business for disabled persons with C institutions, and work together with the above sports cleaning service workers from January 6, 2020.

On January 20, 2020, the Defendant entered the victim in a female toilet next to the office of the first sports center, E and indoor sports center D on January 13:31, 2020, and opened the victim in front of the three gates, and opened the victim in front of the three gates in his own rears, and became the chest of the victim in his hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's each legal statement of F, G, and H in the court room;

1. The application of the provisions of Acts and subordinate statutes to the victim B’s statement, recording record, internal investigation report (in relation to the statement of a witness G), internal investigation report (in relation to the statement of a witness G), internal investigation report, internal investigation report (in relation to the setting up of a CCTV which stores CCTV image to string the toilet), CCTV image CD, internal investigation report (in relation to the victim B), investigation report (in relation to the setting up of a toilet), CCTV image image, photo, internal investigation report (in relation to the setting up of a toilet), CCTV image, photo, internal investigation report (in relation to the setting up of a toilet), CCTV image, internal investigation report (in relation to the setting up of a toilet), victim’s certificate, etc., victim’s disabled person certificate, etc., investigation report (in relation to the interview with the secretary general of the D Sports Association, etc., attaching a schedule of work of the disabled person’s participant in the job on January 20, 200), official list, investigation report (Attachment to D Sports Association office and parking lot

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. An order to attend a lecture under Article 62(1) of the Criminal Act or an order to submit a community service order under Article 62(2) main sentence of Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be punished by sexual crimes