A defendant shall be punished by imprisonment for not less than two years 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.

Punishment of the crime

The Defendant, as a disabled person of Grade II with intellectual disability, lacks the ability to discern things or make decisions due to a very low understanding, judgment, abstract thinking ability, etc., found the victim D (9 years of age, female) playing in the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon around 17:0 on June 2, 2013, and found the victim D (9 years of age, female) playing in the apartment △△△dong, which was located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. The victim Daa and play together with the victim, while playing together with the victim, the sexual organ of the victim was limited to the victim's sexual organ on his/her hand from a large side, and the victim continued to play in the play lele frame, and the victim's sexual organ was limited to the victim's sexual organ on his/her hand, as well as the victim's finger, and again, she put his/her finger in his/her clothes into his/her part, and became only one time the victim's sexual organ.

Accordingly, the defendant committed an indecent act by force against a minor victim under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. A statement made in D contained in a statement recording CD;

1. The point of mental and physical disability: According to the defendant's statement attitude and attitude to the defendant's court and investigation agency, reply to the inquiry of the fact-finding of the Gyeong University Hospital, and each statement of reply to the request, the defendant can be recognized as having weak understanding ability or decision-making ability as the intellectual disabled of the second degree disability at the time of the crime of this case due to a lack of understanding and judgment ability.

Application of Statutes

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 298 of the Criminal Act concerning criminal facts;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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

1. The defendants under the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be the persons with intellectual disabilities in the second degree of disability;