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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
The defendant is a disabled person of Grade III with intellectual disability who lacks the ability to discern things or make decisions.
1. Around 20:50 on February 25, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (influence in public places) entered a female toilet with the second floor in the Eunpyeong-gu Seoul Metropolitan Government, in order to steals a blurine by a female in the commercial building.
Accordingly, the defendant invadeds on public toilets for the purpose of meeting his sexual desire.
2. The Defendant, in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by compulsion), tried to look at the victim D (at the age of 17) who reported a cryp at the same time and place as the above 1.3, and to look at the victim’s cryp by inserting his/her hand under the victim’s cryp.
As a result, the defendant committed an indecent act against the victim who is a child or juvenile.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of the police preparation D;
1. Application of each investigation report prepared by the police (including explanation of the actual situation of the victim, records of disposition of suspension of indictment of the same kind of suspect, hearing and recording of victim telephone, identification card of the disabled, copies of medical records, etc.) to statutes;
1. Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes / Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning the crime;
2. Mitigation of mental disorders, Articles 10 (2) and 55 (1) 3 of the Criminal Act;
3. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes).
4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
5. The sentence under Article 62(1) of the Criminal Act is to be imposed.