A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

The defendant is a person with a disability-3 disability who is a victim C (math, 18 years of age, intellectual disability 1 level) and is a student of E school in Chungcheongnam-si, Chungcheongbuk-si.

Around September 15, 2016, the Defendant committed an indecent act by force against a victim with a physical or mental disability, by limiting the chest parts on the part of the victim, who was sitting in front of the first floor of the above school, in the course of scientific classes, and by limiting the part of the above part of the victim to his/her hand, when the victim’s ability to discern things or make decisions is weak.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Opinion of a statement analysis expert;

1. Application of each school life record book and each welfare card-related statute;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. In full view of all the circumstances such as the Defendant’s age, intellectual state and social ties, and other benefits and preventive effects expected due to disclosure or notification order, and disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information, taking account of the following: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the Defendant has no same power to the Defendant; and (b) the Defendant appears to have committed the instant crime due to distorted gender perception as a person with a disability of class 3 with intellectual disability; (c) the Defendant’s age

(C) Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a conviction is finalized against a defendant who registered new information.