A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The Defendant, at around 14:00 on June 6, 2013, in the state that mental retardations, etc. cause the ability to discern things or make decisions, and around 14:00, at the front of the D Child Care Center located in Jinju City, the Defendant sent the horses to the victim E (here, 8 years of age) who passed along with his/her friendship with his/her friendship, “I am hys off.” The Defendant induced the victim, “I am hys off,” and let the victim go back to the middle part of the buckbucks where he/she left with his/her hand, and tried to write down the front side of the victim’s right bridge.

Accordingly, the defendant committed an indecent act against a female under 13 years of age by force.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. The application of statutes to each medical certificate, welfare card, and opinion;

1. Article 7(5) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012); 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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

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

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012); Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 11572, Dec. 18, 2012), the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (applicable in special circumstances where an order to attend a course cannot be imposed as a mentally handicapped person referred to in Article 10 of the Criminal Act)

1. Before the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) was wholly amended.