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.

Punishment of the crime

While the Defendant lacks the ability to discern things or make decisions due to intellectual disability (class 1 disability with developmental disability), around June 8, 2018, around 17:15, the Defendant came to use parts of the Plaintiff C (age 15), from the electric trains of subway 7 to the large-scale area located in the same Gu-ro 243 of the same Gu-ro dong-ro, Seoul Special Metropolitan City around June 8, 2018, from the electric trains of subway 7 to the large-scale area located in the same Gu-ro 243.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 10(2) and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness (a person with a disability with developmental disability who was judged as a first-class disability) (in light of the background of the instant crime, details and mode of the crime, the Defendant’s act before and after the instant crime, the Defendant’s statement or attitude of trial in this court, etc., it is deemed that at the time of the instant crime, he/she had been physically and mentally weak at the time of the instant crime);

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. Subparagraph 1 of Article 2-3, Article 44-2 (1) and the main sentence of Article 44-2 (2) and the main sentence of paragraph (3) of the Act on the Protection, Observation, Medical Treatment, Care, etc.;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the first degree defendant with intellectual disability is deemed to have difficulty in securing effectiveness of an order to attend lectures because it is difficult for him/her to communicate normally, under special circumstances where an order to attend lectures cannot be imposed on him/her;

[Determination]

1. The exemption from disclosure order and notification order under Article 49 (1) (proviso) and Article 50 (1) (proviso) of the Act on the Protection of Juveniles against Sexual Abuse)