A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On September 7, 2014, the Defendant committed an indecent act by force against a victim, who is under 13 years of age, by reporting the victim D (n, 3 years of age) playing in the children's play park in Pyeongtaek-si Building on September 16:45, 2014, when the Defendant, as a disabled person of Grade III with intellectual disability, was in a state of lacking the ability to discern things or make decisions due to overall developmental disorder and mid-light mental retardation.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of stenographic records in the statement made by a victim E in a stenography E;

1. Statement of investigation report prepared by the police;

1. Statement (including attached documents) of investigation report (Attachment of suspect-related data) on police preparation;

1. A statement of an intermediary's report prepared by the intermediary;

1. Statement and analysis of the statement of the victim of sexual assault is recorded in the written opinion of the expert in the sexual assault case against the child or the disabled;

1. Application of Acts and subordinate statutes in which a copy of a welfare card (Evidence No. 47, 48 pages of evidence records) prepared in a mining name market is stated;

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

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation,

1. The Defendant committed a crime under the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles Exempted from an order to attend a course or order to complete a program, with the disabilities of Grade III of a mental retardation, while having weak the ability to discern things or make decisions.