A defendant shall be punished by imprisonment for two years.

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

The defendant is in Grade III mental disorder, and the victim B (n, 39 years of age) is in Grade II mental disorder, and both the defendant and the victim are living in Grade D in Daegu-gun C.

At around 16:00 on October 7, 2019, the Defendant, who was living in front of the key office of the above D, was living in front of the key office of the D, and was living in front of the victim.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and E;

1. Application of stenographic records or certificates of persons with disabilities (No. 13) Acts and subordinate statutes;

1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019); the Defendant has no record of being punished for sexual crimes; the instant crime is not limited to many unspecified persons; the Defendant’s personal information is registered and the Defendant’s interest appears to be able to prevent recidivism through taking lectures in treatment of sexual assault; the Defendant’s age and environment; and other profits expected from disclosure or notification orders.