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

At around July 25, 2014, when the defendant, as a disabled person of Grade I with intellectual disability, lacks the ability to discern things or make decisions due to lack of recognition ability, the defendant discovered that the victim C, who was inside and outside of the social welfare center in Dongjak-gu Seoul Metropolitan Government, was mixed with the victim without his/her guardian, entered the above welfare center in the space of male toilet change column of the disabled person in the above welfare center, opened the entrance, cut off the entrance, cut off the victim's will and panty, who is in the state of being unable to resist, and the victim was seated, and then the victim was forced by force.

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on site photographs and CCTV screen photographs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that it is difficult to expect the effect of an order to attend a course even if the defendant was issued due to lack of knowledge ability, and other special circumstances are deemed not to concurrently impose an order to attend a course on the defendant, in full view of the defendant's ordinary character and behavior and the purpose and prevention effect of such order);

1. The Defendant, who is exempted from disclosure order and notification order, has no record of any crime including the same kind of crime, and the recognition ability is considerably lacking due to intellectual disability 1st degree, in light of the circumstances and contents of the instant crime, etc., the instant crime is committed against the Defendant.