A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 28, 2013, around 17:00, the Defendant discovered the victim D (the age of 16) who is a intellectual disabled person sitting in the fourth floor of the subway station in Gangseo-gu Office of Gangseo-gu, Busan Metropolitan City, and walked the victim the horses.

In light of the fact that the Defendant classified the victim's appearance, the speed of conversation is slowing and lack of expression, etc., the Defendant tried to commit an indecent act against the victim with the knowledge that the victim's ability to decide on the victim's intention is weak, and made a son who distributes the leaflet to the victim, the Defendant saw the victim to work with the third floor of subway with no trafficr.

피고인은 피해자를 지하철역 3층으로 데리고 가면서 피해자의 손을 꼭 잡고, 3층에 이르러 피해자에게 ‘첫눈에 반했다. 친구 하자.’며 갑자기 피해자의 입에 2회가량 피고인의 입을 맞추고, 피해자의 어깨에 손을 올리고, 피해자와 팔짱을 끼고, 피해자의 허리를 피고인의 팔로 감싸 안는 등 위력으로써 아동청소년인 피해자를 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement recording recorded by the police against D;

1. Each investigation report (related toCCTV analysis, on-site verification, on-site verification, on-site verification, etc.);

1. Application of statutes to copies of certificates of persons with disabilities and certificates of disability examinations;

1. Article 7(5) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11574, Dec. 18, 2012); Article 298 of the Criminal Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act on a suspended execution ( considered as favorable circumstances in the rear);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The grounds for sentencing are as follows, such as where the accused has no record of sex offenses, etc. under 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 exempted from disclosure and notification orders.