A defendant shall be punished by imprisonment for not less than two years and six months.

The information on the accused shall be disclosed and notified for five years.

In this case.

Punishment of the crime

On August 25, 2013, the Defendant: (a) found the victim D (six years of age) who is married, waiting for the friendship in front of the entrance of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, waiting for the friendship on August 25, 2013; (b) committed an indecent act by the victim's sexual organ, and (c) caused the victim to be able to receive approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A statement made in D contained in a statement recording CD;

1. Statement to E by the police;

1. Medical certificates and opinions;

1. The point of mental and physical disability: In full view of the defendant's statement attitude and attitude in the defendant's court and investigation agency, the part of F's statement in the suspect examination report (the second examination record), the welfare card copy (the investigation record No. 106 pages), the disabled certificate, and each statement in the disability diagnosis report against the defendant, the defendant can be acknowledged as having weak understanding ability and decision-making ability as the intellectual disabled of the third degree disability at the time of committing the crime in this case and lacks ability to discern things due to a very low understanding, judgment ability

Application of Statutes

1. Relevant Articles 8 (1) and 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is exempted from order to complete a program, is a person with intellectual disability in the third degree of disability, and it is difficult to expect an order to attend a course to prevent recidivism due to the defendant's intellectual ability or the words, attitudes, etc. in this court, and thus it is difficult to expect such effect.