A defendant shall be punished by imprisonment for four 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 committed indecent act against the victim at the entrance of the E market located in Guri-si, Mari-si, on August 16, 2015, when the victim F (V, 15 years of age) suffered her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with disability

Summary of Evidence

1. Legal statement of witness F;

1. Investigation report (as to the video to be submitted to the victim):

1. Application of the video CD-related Acts and subordinate statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mental and physical weakness) of the Criminal Act mitigated by law;

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

1. Judgment on the assertion of defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend Course

1. The defense counsel of the assertion is a person with intellectual disability who was either a criminal minor under the age of 14 or a person with mental or physical loss because the defendant had intelligence and sacrifies of seven years of age at the time of committing the crime of this case, and thus, he was either a criminal minor under the age

The argument is asserted.

2. Determination

A. Article 9 of the Criminal Act provides, “The act of a person under 14 years of age shall not be punished.” As to a person under 14 years of age, Article 9 of the Criminal Act provides, “A person under 14 years of age is not subject to absolute liability (criminal minors) solely based on biological factors (in the state of not 14 years of age) without considering personal moral or characteral development conditions.”

Therefore, the issue of whether the defendant constitutes a criminal minor under Article 9 of the Criminal Act should be determined only on the basis of the biological age of the defendant. Since the defendant was 28 years old at the time of committing the crime of this case, the defense counsel's assertion that the defendant constitutes a criminal minor at the time of committing

B. Article 10 of the Criminal Act is applicable to the status of mental or physical loss.