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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around 19:45 on May 21, 2020, the Defendant was in the “C” restaurant located in Sanyang-gu, Sanyang-si B, Sanyang-si, and D (Class 2) of the victim, who is the father of the said restaurant business, who was seated in another table, was in charge of the victim’s grandchildren and arms on his own hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Characteristics of persons subject to D stenographic records and the application of statutes;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning the crimes, relevant provisions concerning the punishment, and special cases concerning the punishment of sexual crimes

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

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 information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); the fact that there is no history of sex offense against the Defendant; personal information registration of the Defendant; and the order to attend a sexual assault treatment course is expected to have an effect of preventing re-offending; and other circumstances such as the Defendant’s age, character, character, environment, motive, means and consequence of the crime; the circumstances after the crime; the profits expected by the order to disclose or notify the Defendant’s personal information; and the disadvantages and anticipated side effects of the Defendant therefrom, it is deemed that there is a special reason for not to disclose or notify the Defendant’s personal information)

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); and Article 2 of the former Children and Juveniles against Sexual Abuse;