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

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

Punishment of the crime

On November 4, 2019, the Defendant discovered that the Victim C (Gain, Gain, Gain, and 8 years old at that time) is playing in the field of physical power training near Tong-si B around 16:20 on November 4, 2019, and approaches the victim “ anywhere”;

Unson’s school attendance;

Hashen Doz.

“Absing the horses, leading the victim’s hand by stronging the victim’s hand, and booming the victim’s path.

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

Summary of Evidence

1. The defendant's legal statement made by the victim, stenographic records, or video recorded CDs in the victim's statement;

1. Application of Acts and subordinate statutes to the welfare card photographs of a person suspected of filing a report on the occurrence of a sexual traffic, report on internal death (specific suspect), accusation (victim's identity), internal death report (victim's identity statement), investigation report (Nreging DNA statement), and the person suspected of filing a criminal investigation report;

1. Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for which the relevant criminal facts are selected (amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act (elective of imprisonment)

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (based on evidence), 10(2) and 55(1)3 of the Criminal Act (based on evidence, the defendant was registered as a first-class disabled person because he/she has a severe intellectual disability, and the social maturity test showed that the social age was approximately 6 years old, and intelligence index was 34. Accordingly, according to this, the defendant was found to have weak ability or decision-making ability at the time of committing the instant crime.

It is reasonable to see as follows.

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. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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 (the Defendant has no criminal history of the same kind).