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

On November 5, 2014, around 08:40 on November 5, 2014, the Defendant reported the victim D (n, 9 years of age) to walk in the elevator of the Dongjak-gu Seoul Metropolitan Government Seoul building C, and sought to commit a sudden indecent act against the victim on the part of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol stenographic records;

1. The defendant's photograph (the defendant and his defense counsel asserted that the defendant was in a state of mental disability due to mental disorder at the time of committing the crime in this case. The defendant was diagnosed as a Compilation Mental Divided Disease in around 1997 and registered as a disabled person of Grade III with a mental disorder in around 2004, and at the time of committing the crime in this case, the defendant stated in the medical record of the defendant as follows: "I lack the awareness of the mental disease and has a high degree of non-satisfying." (The defendant lacks awareness of the mental disease, and

In addition, according to the fact-finding about the medical institution that previously treated the defendant, if the symptoms worsen due to the failure of the defendant to take drugs, the situation occurs due to the failure to take drugs, and thereby, there is a lack of unrealistic behavior even before the case.

However, even according to the above fact-finding, if the medication continuously takes place, the symptoms will be mitigated, and it is difficult to accurately ascertain whether the defendant did not take the medicine properly at the time of the crime of this case.

The Defendant did not have any particular difficulties in undergoing investigation, such as preparing a written statement, from the police investigation on the day following the date of the instant crime, and there was no special circumstance other than the Defendant’s indecent act by compulsion, considering the content and progress of the instant crime, and the image of the Defendant at the time of photographing the CCTV screen.

Therefore, at the time of the crime of this case, the defendant has the ability to recognize or discern things with mental illness.