A defendant shall be punished by imprisonment for not less than 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

At around 1:00 on September 30, 2018, the Defendant: (a) reported the victim D (one, five years of age) who was on a bicycle in the C Park in Yong-si, Yong-si, Youngcheon-si; (b) reported the victim D (one, five years of age) on his/her own hand; and (c) made the victim's cocons with three times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on investigation (on-site photographs) and accompanying materials;

1. In full view of the defendant's certificate of disability, investigation process, and the defendant's attitude of statement against the defendant in the trial process, it is recognized that the defendant was in a state of lacking ability to discern things or make decisions due to intellectual disability of class 2 at the time of each of the crimes in this case.

Application of Statutes

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the defendant is a person with a intellectual disability second degree, it is deemed difficult to expect the effect of preventing recidivism of sexual crimes through an order to attend a lecture normally or an order to attend a lecture, and thus, it is deemed that there are special circumstances in which the defendant

1. Children and juveniles exempt from an order for disclosure and notification, and an order for restriction on employment, shall be subject to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;