A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant, at the Ulsan District Court on September 7, 2012, was sentenced to a suspended sentence of three years on September 15, 2012, for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13), and the said judgment becomes final and conclusive and is still under the suspended sentence.

At around 14:00 on May 11, 2013, the Defendant discovered the Victim E (8 years of age) in front of Ulsan-gu C located in Ulsan-gu, Ulsan-gu, “100 won, 500 won reduction.” However, the Defendant refused the victim’s refusal, and the victim’s refusal to gather both arms from the rear side of the victim, went back to the alley of the victim by inserting the joint arms between the two arms, and attempted to capture the victim. However, the Defendant attempted to capture the victim, she attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Records of proceedings of statement;

1. Written opinion on the E case under thirteen years of age;

1. Photographs photographs and investigation reports at the scene of the crime (Attachment of photographs at the scene of the crime);

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Articles 294 and 287 of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders;

1. Tangible mitigation area, such as the range of punishment recommended on the sentencing criteria and the simple abduction, inducement, etc. of the crime group: Six months to one year and six months; and

2. The fact that the Defendant’s decision of sentencing is against the Defendant’s attempt to commit a crime, without focusing on the method of kidnapping the instant crime, and that the Defendant is in Grade 2 with severe intellectual disorder is an element of sentencing favorable to the Defendant.

The Defendant committed an indecent act by force against a child under the age of 13, which led to the instant crime even during the period of suspension of execution. The Defendant’s failure to reach an agreement with the victim is an unfavorable sentencing factor against the Defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime are considered, the punishment as ordered.