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.

No person shall have a child engage in obscene acts, or intermediate such acts, or have a child engage in sexual harassment, etc. that cause a sense of sexual shame to a child.

The Defendant sent a message to the victimized child using the Defendant’s mobile phone at a place where the Defendant’s cell phone number on July 2, 2020 cannot be known at around 15:14, 2020, as the disabled in class 2 of intellectual disability 2, the Defendant becomes aware of the mobile phone number of the victimized child B (name, 10 years of age), and sent a message to the victimized child using the Defendant’s mobile phone, “Sick-brison,” “Viewing-bris,” “A 7 gold-gu, photographed,” and “Sick-si”.

Although the victimized children responded to “n't want,” they continuously sent a message to “Satch Access”, “to do so, to do so, to do so, to do so, to do so, to do so,” “ponson’s World Cup”, and “to present only once.”

As a result, the Defendant committed sexual abuse, such as sexual harassment, which causes the victimized child to feel sexual humiliation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The Defendant asserted and judged the content of text messages, the stenographic records of the statement made by the victim, and the Defendant was physically and mentally in a state of mental disorder 2 at the time of committing the instant crime.

The argument is asserted.

In light of the motive and background of the instant crime, the means and method of the crime, the act of the Defendant before and after the instant crime, and the circumstances after the crime, etc., even though the Defendant is deemed to have a physical disability, there was a lack of ability or decision-making ability of the Defendant to discern things.

Therefore, it is difficult to see the above argument of the defendant.

Application of Statutes

1. Article 71 (1) 2 and Article 17 subparagraph 2 of the Child Uniforms Act, the selection of punishment for committing a crime, Article 71 (1) 2 and Article 17 of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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