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.

The Defendant committed the following crimes with disabilities of grade III with mental disorder, with mental disorder without mental symptoms, and with mental disorder such as lived, etc. without mental disorder, with low capacity to discern things or make decisions:

On October 5, 2020, the Defendant committed an indecent act on the part of the victim C (the victim C (the victim 23 years of age) who passed his or her place in front of the Nam-gu Incheon Metropolitan City, Namdong-gu, Incheon, with his or her son's son's son's son's son's son's son's son.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report each investigation into police statements made to C (tentatively named) (the verification of the suspect's disability, the history of hospitalization in a previous mental hospital, and the verification of on-site CCTV images);

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

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

1. A person with mental or physical disability whose punishment is mitigated pursuant to Article 62-2 of the Criminal Act, Article 2-3 subparag. 1 and Article 44-2 of the Medical Care and Custody Act [the defendant is a disabled person with mental or physical disability whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act and who commits a crime corresponding to imprisonment without prison labor or heavier punishment. In light of the mental and psychological state of the defendant and the criminal history and form of the crime of this case acknowledged by each evidence of the judgment below, the defendant has the necessity to receive outpatient treatment and the risk of recidivism.

[Determination]

1. Registration and submission of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) and Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202); Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202); Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) and (2) of the Welfare of Persons with Disabilities Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture.