A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

Around August 18, 2017, the Defendant found the Victim F (M), who is playing in the vicinity of the sports organization, and accessed the victim, and brought the victim's grandchildren to the Defendant, while having weak capacity to discern things or make decisions due to the symptoms of the detailed unknown dementia, etc., around 19:08, the Defendant took a mixed drinking in the events inside the Bupyeong-gu Incheon Metropolitan City D Park (E Park).

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

Summary of Evidence

1. Statement by the defendant in court;

1. stenographic records of the police with respect to the F;

1. A written statement prepared by G;

1. Reports on occurrence, internal investigation reports, police investigation reports (including investigation of suspects, on-site verification, etc., analysis of CCTV for crime prevention, etc., submission of expert opinions on sexual violence against children and persons with disabilities);

1. Application of statutes to the field photographs, CCTV screen photographs for crime prevention, and written opinions of experts in sexual assault cases against children and persons with disabilities;

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

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness [the Defendant was hospitalized for approximately 58 days from March 13, 2011 to May 9, 201, due to symptoms such as the loss of his/her remaining force for 58 days, the well-known detention in the short term, the judgment, and the decline in his/her capacity to perform an act, etc.] The Defendant shows the outcome of a simple mental state test (18 points). After committing the instant crime, the Defendant was hospitalized in H hospital closed ward twice due to the disease that is not classified differently, the mental disorder and alcohol abuse, etc. The Defendant’s hospitalization at the hospital and a medical specialist show that “The Defendant, along with significant decline in his/her memory capacity, lacks judgment and ability to restrain impulse, lack of adequate awareness and reasonable ability to cope with the surrounding environment, etc.”