Text
Defendant shall be punished by a fine of KRW 1,500,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
Around 13:00 on February 8, 2013, when the Defendant had weak ability to distinguish things or make decisions due to intellectual disorder, the Defendant deemed the victim D (a woman, 14 years of age) to be “I wish to enter the C middle School,” and continued to enter the c middle school despite the victim’s refusal to do so, and the victim scambbbling bucks with the victim at the event where the victim entered the playground and scambbbling, and dump bucks to the right side of the female left hand.
Accordingly, the defendant committed an indecent act against the juvenile victim by force.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. One video CD in relation to the victim D;
1. Investigation report (related to Grade II intellectual disability of a suspect);
1. Requests for cooperation in investigation, replies for cooperation in investigation, application of Acts and subordinate statutes on certificates of persons with disabilities;
1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;
1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;
1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The crime of this case on the grounds of sentencing under the proviso of Article 38(1) and the proviso of Article 38-2(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by a fine to the defendant), is not good due to indecent act by force against children and juveniles, considering the circumstances that the victim is punished against the defendant; the defendant is against the defendant; the exercise of the defendant's tangible power or the degree of indecent act is not much serious; the defendant is not much serious; the defendant is a disabled person of Grade II with intellectual disability and is the first offender; the defendant's age, character and conduct, and circumstances after the crime, etc. are considered.