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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 12, 2016, at around 16:35, the Defendant d (e.g., 32 years old, intellectual disabilities 1 level), who had been living at the entrance of alleyway near the Daegu Suwon-gu C building, was able to see that the victim D (e.g., 32 years old, intellectual disabilities 1 level) was suffering from mental disorder, such as defining clothes, and without good cause, committed an indecent act by force against the victim.

The defendant followed the victim about about 50 meters, and followed the victim at the parking lot of the above building, and the victim's chest was sent one time by the victim's own hand.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of CCTV photograph image Acts and subordinate statutes attached to a report on internal investigation (Evidence List No. 2);

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of sex offenses against the Defendant. In light of the circumstances leading up to the instant crime, the relationship with the victim, the Defendant’s age, character, conduct, home environment, social relationship, etc., it is difficult to readily conclude that the Defendant’s recidivism or recidivism risk of sexual crimes against a large number of unspecified persons is likely to be achieved even with the Defendant’s personal information registration