Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed 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 disability of grade I with intellectual disability who lacks the ability to discern things or make decisions.

On April 20, 2016, around 14:43, the Defendant committed an indecent act by force against the victim under 13 years of age, such as discovering the victim E (one-year old, 10) who sits at the bar of the D elementary school playgrounds located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, by putting the victim at the horse, using the victim's humbbbbbbbbbbs with his/her own hand, and inserting his/her hand into the victim's humbbbbs.

Summary of Evidence

1. Statement by the defendant in court;

1. Video recorded CDs and stenographic records of the victim's statement;

1. CCTV photographs output, CCTV video data CDs;

1. Application of Acts and subordinate statutes to a copy of a welfare card for persons with disabilities;

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

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

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

1. There are special circumstances in which an order to attend a course is prohibited, comprehensively considering the fact that the accused is a disabled person who falls under class 1 of the intellectual disability, and the age, sex, environment, etc. of the accused, etc., of Article 21 (2) (proviso) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

[Determination]

1. The exemption from disclosure order and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, type of and motive for the instant crime, process of the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects arising therefrom.