A defendant shall be punished by imprisonment for a term of one year and three months.

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

Punishment of the crime

The defendant is a person with a disability of class 2 with intellectual disability, who has a mental disorder or mental disorder and has weak ability to discern things or make decisions.

On September 15, 2017, at around 18:10, the Defendant committed an indecent act against a minor under the age of 13 by a victim D (a named name, leisure, 10 years of age) who was playing in the apartment playground in Gwangju Northern-gu C apartment playground.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records or stenographic records;

1. Application of field photographs and CD-related Acts and subordinate statutes to crimes;

1. Relevant Article 7 (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 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness (Article 10(2) and 55(1)3 of the Criminal Act (Article 10(2) of the Criminal Act to the extent that it is possible to conduct an investigation and trial, including the following: (a) the Defendant’s ability to make judgment based on mental disorder at the time of committing the instant crime; and (b) the Defendant has the ability to have communications with the Defendant’s mother or his counsel with the help of the Defendant at the investigation process and the trial date; and (c) the background of the instant crime, the Defendant’s act at the time of committing the instant crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The proviso to Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse (the accused may not impose an order to attend a course as a mentally or physically handicapped person of Grade II with intellectual disability, under special circumstances where the accused is unable to impose an order to attend a course);

1. Article 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse against Children and the Protection of Juveniles against Sexual Abuse;

1. The exemption from disclosure order and notification order is set forth in Article 49 of the Act on the Protection of Juveniles against Sexual Abuse;