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

The Defendant, as a disabled person of Grade III with intellectual disability, lacks the ability to discern things or make decisions due to a very low understanding, judgment, abstract thinking ability, etc., on April 29, 2013, the Defendant discovered a victim who is kind and playing in C at the alleyway in front of the 19:00 on April 29, 2013, and found the victim who was living in C at around 9:0 on the alley of the victim D (n, e.g., g., e., e., e., e., e., s.g.,

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Police investigation report (as to attachment of field photographs):

1. The police internal investigation report (the attachment of a certified copy of the victim D's resident registration);

1. Application of Acts and subordinate statutes on sexual assault case against children under thirteen years of age;

1. Article 7 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act, Article 298 of the Criminal Act, which is applicable to the crime;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Article 62 (1) of the Criminal Act;

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) that was amended and enforced from June 19, 2013;

1. Reasons for sentencing under Article 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences] (the determination of a type] sexual crimes, general standards, sex offenses against which the age is under 13, types 3 [special-sdecent persons] mitigated elements: In a case where the degree of indecent conduct is weak, the aggravated elements of mental disorder are nonexistent [the scope of recommending punishment] : Imprisonment with prison labor for not less than 2 years and 6 months, but not more than 5 years (the scope of mitigated punishment].