A defendant shall be punished by imprisonment for one year.

except that 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 was registered as a first-class disabled person with a mental retardation in 2001 due to a congenital mental retardation, and has been taking drugs after being treated as a mental disorder from about 20 years to about 30 years.

The Defendant committed the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to such mental retardation, mental division, etc.:

1. Indecent acts by compulsion;

A. On August 2014, the Defendant: (a) reported that the victim D (the 43 years of age), she walk around the Daegu Dong-gu C apartment, Daegu-gu, 2014; and (b) brought up the victim later; and (c) got the victim’s chest by hand.

B. On April 2015, the Defendant reported the victim D's walk around the F convenience point located in Daegu Dong-gu, Daegu-gu, to go, and brought the victim back to the next, and got the victim's chest by hand.

Accordingly, the defendant committed an indecent act on the part of the victim twice.

2. On June 15, 2015, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion) committed an indecent act by force against a victim, who is a child or juvenile, by failing to take care of the victim’s chest around the above convenience store by reporting the victim’s G (the 13-year old age), following the victim’s walk around the above convenience store.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. The point of the judgment of mental or physical disability: The application of each police protocol against D and G, investigation report (Evidence List No. 7) statute;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning facts constituting a crime, Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act;

1. Legal mitigation of a person with a mental disability under Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The sentencing under Article 62(1) of the Criminal Act is as follows.