A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

At around 14:00 on March 1, 2019, the Defendant: (a) had no ability to discern things or make decisions due to dementia of the brain-disease (class III) and the maturity Albimers, and (b) had been seated, waiting for the pedestrian signal front of the 34-distance crosswalk B located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun on March 1, 2019; (c) reported the victim D (one-year-old, 14 years-old) who was seated, waiting for the pedestrian signal front of the 4-distance crosswalk, and was seated above by the Defendant’s hand on the left side of the victim.

As a result, the defendant committed an indecent act against the victim's will.

Summary of Evidence

1. Partial description of the police interrogation protocol of the accused (including welfare cards);

1. Each police officer's statement of D (alias) and E (alias);

1. A criminal investigation report (to attachCCTV dynamic images);

1. 112 reported case handling table;

1. A dementia diagnostic certificate;

1. Application of the Acts and subordinate statutes governing photographs and intensity, CCTV video CDs;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Although the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse have the history of committing sexual crimes against the Defendant, 12 years ago, and in light of the background, method, mode, etc. of the instant crime, it seems that the Defendant’s personal information registration and participation in the treatment of sexual assault can be expected to prevent recidivism to a certain extent.

In addition, the age, occupation, environment, family relationship, social relationship of the defendant, the details, means, and result of the crime of this case, and the degree of disadvantage that the defendant suffers due to the disclosure order or notification order.