Text
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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant has long been aware of the victim C (math, 21 years of age, intellectual disability 3 level) and was aware that there was a disability to the victim.
On June 24, 2018, the Defendant: (a) on the street in front of the “Eel” located in Jinju-si, Jinju-si; (b) discovered the victim who was walking the place; (c) was in mind to commit an indecent act against the victim; (d) was able to fright the victim to the right side of the victim; and (e) was knife with the victim’s chest by hand.
Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.
Summary of Evidence
1. Statement by the defendant in court;
1. Police stenographic records of C attached to the report of internal investigation (No. 7 times a year);
1. Application of statutes to copies of victim welfare cards;
1. Relevant Article 6 (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. 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. In light of the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the term "the defendant suffering from diseases such as 70 years of age due to intellectual disability Grade II" and suffers from diseases such as brain color, it is difficult to expect smooth implementation of an order to attend a lecture, and the degree
[Determination]
1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification order of registered information may have a significant impact on the Defendant, so it is necessary to pay careful attention to the Defendant as such disclosure and notification order has no record of sexual crimes, and the Defendant and the victim are limited.