A defendant shall be punished by imprisonment for not less than eight 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 defendant is a person with a mental disability of the third degree.

Around 14:00 on January 26, 2017, the Defendant: (a) had no ability to distinguish things or make decisions; (b) had been under the influence of distinguishing things due to symptoms, such as exchange, exchange, etc., and (c) had been smoking tobacco on the corridor of 401, Seo-gu, Seo-gu, Nowon-gu, Seoul Special Metropolitan City on January 26, 201, and (d) had the victim D (one-year-old, 15) who intends to board an elevator; and (c) had the victim cherbly had the victim’s ability to view both of the victims.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (victims) and video-recording CDs created by the victim;

1. Application of Acts and subordinate statutes to copies of welfare cards and opinions on medical treatment;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection and Observation of Children and the Protection of Juveniles against Sexual Abuse;

1. The proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the defendant has no record of being punished for a sexual crime before the crime of this case, the defendant is likely to suffer secondary damage to the victim in the course of disclosing and notifying personal information of the defendant, and the circumstance or record of the crime of this case alone is enough to have a habit of sexual assault crime against the defendant.

It is difficult to conclude, only by registering personal information of the defendant and taking lectures to treat sexual assault, the effect of preventing recidivism can be expected to some extent.