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

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

Punishment of the crime

The Defendant, who is the next generation of the same school, committed an indecent act against the victim by using the fact that the victim C (V, 16 years of age) was unable to express his/her opinion due to intellectual disorder, was able to commit an indecent act against the victim. On November 26, 2014, around 17:00, there was a speech in DO High School located in the Haak-gun of Chungcheongbuk-gun, and the personal body was carried the victim in the dial stairs, and the victim was refused to read “the victim’s speech”, but only her chest was flicked with the victim’s chest, and the victim was flicked with his/her finger in the victim’s panty, and her boom.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement recorded in police recording CDs;

1. Application of Acts and subordinate statutes to report on investigation (report on confirmation of a victim's disability grade);

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

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (Juveniles) of the Juvenile Act;

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, Article 60 (3) of the Juvenile Act;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant's age (the defendant falls under the child or juvenile under the Act on the Protection of Children and Juveniles against Sexual Abuse at the time of committing the crime, and falls under the juvenile under the juvenile under the Juvenile Act even before the date of sentencing of this judgment]