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

At around 17:00 on March 26, 2016, the Defendant: (a) was unable to discern things or make decisions due to intellectual disability of class 2, and around 17:00 on March 26, 2016, the Defendant was aware of the victim E (14 years of age) who was sitting in the bened in the D Park located in Mapo-gu Seoul Metropolitan Government C, with the intent to forcibly commit an indecent act; (b) the Defendant was able to keep the victim’s sexual organ by inserting his hand into the part of the victim; and (c) the victim was able to collect his hand with his own clothes that he was suffering from the damage.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the victim’s statement video CD-related Acts and subordinate statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. In full view of the following: (a) Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental disorders (the defendant has received education in the special class of a middle and high school as a person who has a disability in the judgment ability of Grade II intellectual disability; (b) the investigation process and the trial date in this case; (c) the defendant’s father or defense counsel’s ability to undergo the investigation and trial; and (d) the defendant’s behavior at the time of the crime and before and after the crime; and (d) his attitude in oral proceedings, etc., it is deemed that the defendant had a weak mental and physical disorder at the time of the crime

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

1. Article 4-2 (1) and subparagraph 1 of Article 2-3 of the Medical Treatment and Custody Act;

1. Article 44-2 (2) of the Medical Treatment and Custody Act;

1. The defendant under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse may not impose an order to attend a course as a person of mental disability of Grade II with a mental disability;