Text
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 10:00 on May 12, 2013, the Defendant committed an indecent act by inserting his hand into the clothes of the victim who was sitting on the front line, with the knowledge that the said victim could not resist significantly due to his intellectual disorder, while being aware that the said victim could not resist significantly, the Defendant: (a) placed his hand into the clothes of the victim who was sitting on the front line; (b) put him into the panty line of the victim; and (c) put him into the panty line of the victim.
Accordingly, the defendant committed indecent acts against disabled children and juveniles.
Summary of Evidence
1. Partial statement of the defendant;
1. Some statements in the police statement concerning D;
1. Part of the prosecutor's statement concerning E;
1. Some statements in the D statements;
1. Part of the D statements recorded in the video recordings;
1. Application of Acts and subordinate statutes to the investigation report, report on investigation of a child with disabilities, report on investigation (investigation of the details sent by a suspect to the victim), investigation report (Attachment of the victim's certificate of disabled person D), certificate of disabled person, investigation report (report attached to the place of consultation), copy of the date of consultation;
1. Article 11-2 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) that is applicable to the relevant criminal facts and the selection of punishment for such crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. In full view of Article 4 of the Addenda to the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by December 18, 2012), Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the fact that the Defendant has no record of identical crimes, and the circumstances indicated in the records of the instant crime, including the background of the instant crime and the circumstances after the crime, there are special circumstances where the Defendant may not disclose or notify personal information.
The defendant who is registered with personal information is convicted of the criminal facts of the sex offense against children or juveniles.