A defendant shall be punished by imprisonment for not less than one year and six months.

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 October 20, 2016, the Defendant: (a) around E stores located in Gangseo-si, Chungcheongnam-si; (b) around 2016, the Defendant saw the victim from behind, such as the victim F (F, 35 years of age) of Grade 2 with intellectual disability parked on the front side of the freight truck parkeded at this place; and (c) the two descendants met both of the victims.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of F recorded in each video CD;

1. Statement made by the police in relation to G;

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

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the fact that the accused has no record of punishment for a sex offense and that the imposition of an order to attend a course can have the effect of preventing recidivism to a certain extent;

In light of the overall consideration of the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention effect of sexual crimes subject to registration, the effect of protecting the victim, etc., there are special circumstances that may not disclose the defendant's personal information.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be general standards for sex offenses against disabled persons (not less than 13 years old). The mitigated factors (special sentencing factors): Imprisonment with prison labor for a year (the scope of recommended punishment) where the degree of conduct is weak;