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

Punishment of the crime

At around 14:30 on August 27, 2018, the Defendant: (a) discovered the victim D (7 years of age) who entered a second female toilet in the C office in front of the C office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) made the victim in the front of the C office located in the B office located in the Chungcheongnam-gun, Chungcheongnam-gun, Seoul; (c) made the victim in the front of the toilet, who was in the cleaning room, “I am alone.” (d) said the victim, who was in the front of the toilet, was “I am.....................” said, the Defendant, as the disabled of the C office in the third degree of mental retardation

Accordingly, the defendant committed indecent acts by compulsion against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Application of Acts and subordinate statutes to report internal investigation (a victim immediately before committing a crime or CCTV form of a person suspected of committing a crime);

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

1. Article 10(2) and (1) and Article 55(1)3 of the former Criminal Act (Amended by Act No. 15982, Dec. 18, 2018);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the accused is the disabled of Grade III with intellectual disability, it is deemed difficult to expect the effect of preventing recidivism of sexual crimes by normally attending lectures or attending lectures, and thus, it is deemed that there are special circumstances in which the accused is unable to impose an order to attend lectures

1. The ages of the defendants, the risk of recidivism, and the types of the crimes in this case under 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, exempted from disclosure orders and notification orders;