A defendant shall be punished by imprisonment for not more than ten months.

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

The Defendant is a disabled person of Grade II with intellectual disability who lacks the ability to discern things or make decisions due to a very low understanding, judgment, abstract thinking ability, etc.:

1. On June 26, 2013, around 17:59, the Defendant: (a) discovered the victim C (the 15 years of age) coming up on the road front of Seo-gu Incheon, Seo-gu, Incheon; (b) caused the victim’s sudden loss to the victim’s tumbbbbbs.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

2. Around 18:00 on June 26, 2013, the Defendant discovered the victim E (innex, 15 years of age) on the front of the Seo-gu Incheon, Seo-gu, Incheon, and the victim was only buckbucks where the victim suffered losses by inserting his hand into the school uniforms of the victim himself.

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Notification to departments related to 112 Incident Report and investigation report (specific circumstances of the suspect);

1. The point of mental suffering: According to the statements in the certificate of a person with disabilities, the certificate of medical records, and each statement in the response to a request prior investigation, the defendant can be recognized as having weak ability to discern things or make decisions as class 2 of the mental retardation disorder at the time of the crime in this case.

Application of 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. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Of concurrent crimes, the aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with punishment determined for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against E, whichever the criminal situation is heavier);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 of the Criminal Act: