The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant committed an indecent act on March 24, 2016 by taking the chests of the victim E (the age of 7) into his/her hands from the play sperm near the old-si D apartment on the following grounds: (a) around 17:00 on March 24, 2016, when the Defendant lacks the ability to discern things or make decisions due to intellectual disorder.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements and stenographic records of E expressed in the video recording CD;

1. A report on internal investigation, on-site CCTV images, and each CCTV photograph;

1. Written opinion of the sexual assault case against a child under 13 years of age;

1. Certificate of a person with disabilities (the victim specifically states the details and details of the damage suffered by the defendant, the situation before and after the damage, etc., and the explanation of the situation is reasonable. In addition, there is no unreasonable or contradictory part in the content of the victim's statement, and the victim does not seem to have made a false statement in order to mislead the defendant. Therefore, the victim's statement is deemed to be reliable. Considering the above victim's statement and the evidence mentioned above, the application of the law applicable to the defendant's indecent act as stated in the facts charged can be acknowledged.)

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Penalty surcharge of KRW 7,500,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (hereinafter referred to as the following favorable circumstances among the reasons for sentencing);

1. The Defendant under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, who is exempted from an order to attend a course, is difficult to expect an effect of preventing re-offending by an order to attend a course, and also expect a smooth implementation of such order.