A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 28, 2019, the Defendant found the victim D (one, half, and seven years of age) who was found to be in order to ask the whereabouts of the family head residing in the Defendant’s upper floor in Kimhae-si (B apartment C) around June 28, 2019 in the state that the Defendant had weak ability to discern things or make decisions with the disabled of class 2 of intellectual disability, and around June 28, 2019, the Defendant was found to have discovered the victim D (one, half, and seven years of age) who was found to have been living in the Defendant’s upper floor, and the Defendant was able to gather the left hand into the panty of the victim.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Opinion of a statement analysis expert;

1. A detailed statement of 112 reported cases processing;

1. Records of seizure and the list of seizure;

1. Investigation report (for a specified date and time of damage), investigation report (for results of requests for appraisal of evidential materials), and investigation report;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities, certificates of disability diagnosis and opinion;

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the choice of imprisonment with prison labor;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental disorders (the evidence duly adopted and examined by this court is that the defendant was a person with a disabilities of class 2 with intellectual disability at the time of committing the instant crime, and it can be acknowledged that the defendant had a weak ability to discern things or make decisions due to the fall of intelligence at the time of committing the instant crime, abstract accident function, judgment and experience learning ability, and serious intellectual disability)

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 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. The accused provided for in the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is exempted from an order to attend a lecture, recommits a sex crime through taking a sexual assault treatment lecture as a intellectual