Defendant shall be punished by imprisonment for a term of one year and six months.

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

Criminal facts

The defendant was in a state of weak ability to discern things or make decisions due to loss, coercion, and lack of intellectual ability with disabilities of class 2 of intellectual disability.

On December 4, 2017, around 17:00, the Defendant completed a private teaching institute in India adjacent to the C Building, and discovered and gathered the victim D (one, nine years old) who returned home (one, nine years old), and accessed the victim as if he was scaming the victim's scam, and followed the victim's scam, and met the chest with the clothes of the victim himself.

Accordingly, the defendant committed indecent acts against minors under the age of 13.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Stenographic records;

1. In relation to the investigation report (in relation to the attachment of field photographs), the defendant and his defense counsel are only the shoulder of the victim, but the chest did not appear;

The argument is asserted.

However, the victim, at the investigative agency, experienced the Defendant from the personnel affairs by scaming the Defendant’s hand. The victim left her chest with his left hand, and opened the scamer and made a consistent and concrete statement about the situation before and after the crime, and the details of the damage, even though she had consistently and specifically stated the chest with the clothes stored in the scamer.

The victim was 9 years of age at the time of making a statement at the investigative agency, but it was sufficiently possible to deliver his experience and thoughts to the victim and communicate with him at the end, and it was investigated in an influent and detailed manner.

Comprehensively taking account of the above circumstances, the application of the law to the victim's statement that the defendant delivered the chest does not have any circumstance to deem the defendant's statement false, unlike the recognition of credibility of the victim's statement.

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

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 Act on the Protection of Children and Juveniles against Sexual Abuse;