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

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

Punishment of the crime

The Defendant committed the following crimes with a lack of ability to discern things or make decisions due to intellectual disorder:

1. On February 2018, the Defendant: (a) discovered the victim C (a) who was going to go to a helicopter in Songpa-gu Seoul, Songpa-gu, Seoul around 2018; and (b) tried to get out of the victim’s bridge with the victim’s own hand, and to get out of the victim’s gate in order to go to the Taekwondo 4th floor.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

2. On March 6, 2019, the Defendant discovered out that the said victim is walking up the stairs from the stairs between the first and second floors of the above building on the 1st floor on March 6, 2019, and carried the victim’s own view, and walking the victim’s occupation spread and titts up to the lower part of the chest, and walking the victim’s occupation spread and titts up to the lower part of the chest, such as the victim’s distribution, etc., the Defendant intending to put the victim’s hands up with the inner part of the victim.

Accordingly, the defendant committed an indecent act against the minor victim under 13 years of age.

Summary of Evidence

1. D's legal statement;

1. Each police statement of E;

1. A statement of opinion and a report on psychological evaluation;

1. The application of the relevant statutes to the victim video recording investigation by this court as a result of the reproduction of CDs;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. As to mitigation of mental illness and injury, Article 10(2) and (1) of the former Criminal Act (amended by Act No. 15982, Dec. 18, 2018); Article 55(1)3 of the Criminal Act [Article 55(1)3 of the Criminal Act [Special Act on the Punishment, etc. of Sexual Crimes (a Minor Indecent Act (a minor under thirteen years of age)]; Article 10(2) and (1) of the Criminal Act; Article 55(1)3 of the Criminal Act [a person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age) around March 6, 2019]

1. Aggravation for concurrent crimes;