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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant committed the following crimes under the status that the disabled with mental disability of Grade III and is receiving medical treatment due to a Compilation mental fission, etc., and the Defendant lacks the ability to discern things or make decisions:

On January 2, 2018, around 16:40, the Defendant discovered the victim E (a name, leisure, 10 years old) who was waiting to wait for an elevator from the 1st floor of D Apartment 213-dong 1, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, and brought the victim with his own hand, brought the victim into the victim with his own hand, and prevented the victim from entering the victim's seat with his own hand with the defect.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records (victim E);

1. Notification to a department related to reporting 112 cases;

1. On-site and CCTV photographs;

1. In full view of the following factors: A person who was under medical treatment after the diagnosis of Grade III mental disorder around June 30, 2016, and was in a state of lacking the ability to discern things or make decisions due to editing mental disorder at the time of committing the instant crime: (a) the Defendant was in a state of lacking the ability to discern things or make decisions due to editing mental disorder at the time of committing the instant crime.

Recognized.

Application of Statutes

1. Relevant Article 7 (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 (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is suffering from the examination of a mental fission certificate and is currently suffering from the examination.