The punishment of the accused shall be determined by the maximum of four years and the short of three years.

The defendant shall be 40 hours.

Punishment of the crime

In December 2, 2018, at the home of the defendant in Chuncheon-si apartment C, the defendant was in a situation where the sexual identity and values of the victim D (Nam and 10 years of age) who is a pro-born victim was not mature yet due to intellectual disability 2nd degree, using his relation with the defendant, and sexual assault damage in the past, the defendant was in mind to commit an indecent act against the victim; he was frighted into the defendant's room; he went off the victim's part and panty; she was frighted against the victim's sexual organ by hand; the victim's sexual organ was prompt; the victim's sexual organ was laid down by the defendant's entrance; the victim's sexual organ was laid down to the bend to the bend; and the victim's sexual organ was put in the victim's resistance.

Accordingly, the defendant committed indecent acts against the minor victim under 13 years of age by taking advantage of his difficulty in resisting due to mental disorders, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing recording statements by victims;

1. Article 6 (4) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act;

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Comprehensively taking into account all the circumstances, such as the circumstance and character of the crime of this case 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, and the character, conduct, etc. of the defendant, the effect of preventing sexual assault crimes, which may be achieved by an order of disclosure and notification, compared to the disadvantage and anticipated side effects of the defendant, may be relatively small.