The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On March 7, 2016, the Defendant: (a) around 14:50 on March 7, 2016, at around the bus platform near Gwangju-gu, the bus platform near the D elementary school located in Gwangju-gu, saying, the Defendant would make the victim E (10 aged) who was walking at the above elementary school to get out of the above elementary school and come back with the victim’s sexual flag and her mack with the clothes above.

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

2. The acts in the facts charged against the defendant and his defense counsel are merely acts according to the defendant's behavioral characteristics with a view to self-deguination, and there is an intention to commit indecent acts.

not, but not.

Even if the defendant was in a state of mental and physical weakness due to self-defluence, etc.

3. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt; thus, in a case where the prosecutor’s proof does not sufficiently reach the level of conviction as above, the determination ought to be made on the part of the defendant even if the suspicion of guilt is doubtful (see, e.g., Supreme Court Decision 2012Do3722, Sept. 26, 2013). (b) In light of the following circumstances acknowledged by the evidence adopted by the court and examined by the court, the sole evidence submitted by the prosecutor alone proves that the defendant had an intention to commit an indecent act, which is beyond a reasonable doubt.

there is no other evidence to acknowledge it.

① From April 9, 2003, the Defendant received regular counseling and drug treatment due to stamp functions issues, pulmonary inclinations, magnetic symptoms, etc. As a result of psychological evaluation, the Defendant was judged as Grade 3 intellectual disability around January 8, 201, which appeared to be 42 of language intelligence, intelligence 73 of the same year, total intelligence 53, and social index 57, and the overall stamp functions around September 8, 201 are 58.