A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The Defendant came to know that the victim C(the age of 37) was mentally ill in a park, and then came to know that the victim was suffering from mental disorder, using this, attempted to frighten Kim(s) and to commit an indecent act against the victim after the Defendant was suffering from mental disorder 2.

On April 26, 2015, at around 18:00 to 18:50, the Defendant was seated on the right side of the victim who was seated in Guro-gu Seoul, Guro-gu, Seoul at the center of Guro-gu, and thereafter, the Defendant did not take charge of the victim’s buckbucks over several occasions by inserting the left hand between the victim’s bucks.

As such, the Defendant committed an indecent act against the victim with mental disorder by force.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records or victim’s statement-recording CDs;

1. Application of the police statement law to D;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 6 (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 62 (1) of the Criminal Act;

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) and Article 49 (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) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age, occupation, family environment, social ties, and criminal records and the risk of re-offending (the defendant does not have the same criminal records and does not seem to be highly likely to

In full view of various circumstances such as the benefits expected by an order of disclosure or notification, the effect of prevention, and disadvantages and side effects resulting therefrom, there is a special circumstance in which the personal information of the defendant should not be disclosed or notified. The reasons for sentencing are as follows.

1. The range of recommendations on the sentencing guidelines [the determination of a type] sex crimes, general standards, sex offenses against persons with disabilities (at least 13 years of age), and types 2 (livering/indecent acts).