Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant, like Da, was a child or juvenile victim D (n, 14 years of age) and two other persons, who are children or juveniles, together with E, performed drinking at E’s house, and carried out drinking.

At around 06:00 on April 10, 2013, when the Defendant lacks the ability to discern things or make decisions due to intellectual disability 2, the Defendant committed indecent acts by force against a child or juvenile victim by compulsion, such as the victim’s Dabbbbbbbbs, which was placed on the left side of the victim and placed on the right head in the victim’s buckbuck, and the victim’s head was closely sealed and refused by hand.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. Complaint;

1. Application of Acts and subordinate statutes on welfare card copies and certificate of disabled persons;

1. Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; June 19, 2013); Article 298 of the Criminal Act concerning criminal facts;

1. Articles 10(2) and 55(1)6 of the Criminal Act for statutory mitigation (in light of a person with a mental disability, the degree of intellectual disability of the defendant, and the circumstances, means, and methods of the instant crime, etc., it appears that the defendant had the ability to discern things or make decisions due to intellectual disability at the time of the instant crime)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant appears to have committed the instant crime without attending a simple impulse in the situation where the Defendant was unable to discern things or make decisions due to intellectual disorder, and the degree of indecent act in this case is relatively weak, and all other circumstances, such as the Defendant’s age, character, conduct, environment, and economic situation.