A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person with a disability of the second degree with intellectual disability who lacks the ability to discern things or make decisions.

On January 15, 2016, around 17:40, the Defendant completed a course of study at D elementary school playgrounds located in Seo-gu, Seo-gu, Gwangju, and discovered the victim E (n, six years of age) who returned to Korea, and Da d d h h h h h h h h h h h h h h h h h h.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to welfare cards, opinions, and disability diagnosis certificates for persons with disabilities;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) to mitigate mental and physical weakness;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant is deemed unable to properly understand the meaning of taking lectures for treating sexual assault because his/her intelligence index is too limited to not more than 49 persons with intellectual disability 2], there are special circumstances in which the defendant is unable to impose an order to attend lectures on him/her;

[Determination]

1. 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 (including the fact that the Defendant has no record of sexual assault, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the preventive effect of sexual assault crimes subject to registration that may be achieved therefrom, and the protection effect of the victim from the sexual assault crimes subject to registration.