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

Punishment of the crime

피고인은 전두엽 손상에 따른 전두엽 증후군 등 정신장애로 인하여 사물을 변별하거나 의사를 결정할 능력이 미약한 상태에서, 2016. 7. 8. 14:30 경 전주시 덕진구 C에 있는 D 교회에서, 위 교회의 집사로서 인근 학교의 학생들에게 떡볶이를 무상으로 나눠 주는 일을 하던 중 교회 앞 마당에 설치된 천막에서 떡볶이를 먹고 있던 피해자 E( 여, 10세) 을 발견하고 그 옆에 앉아 갑자기 반 바지를 입고 있는 피해자의 허벅지를 움켜잡듯이 만지고, 이에 옆에 있던 학생들이 제지하였음에도 재차 피해자의 허벅지를 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the 112 Report List to handle the reported case, and confirmation of the age of victimized children E);

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. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical drugs (the following circumstances acknowledged by the record; i.e.,, the Defendant issued a medical certificate to the effect that: (a) on August 23, 2000, the Defendant was performing an operation to recover the teared brain by being transferred to a North University Hospital due to severe damage to both sides due to a gas explosion accident; (b) the Defendant was verified to have thirical frisome; and (c) on July 21, 2016, the medical doctor F of the North University Hospital Hospital issued to the Defendant on the following grounds: (a) the Defendant issued a medical certificate to the effect that “the status of the Defendant shows symptoms of both sides, such as a decrease in recognition ability, judgment ability, and suppression ability; (c) whether the Defendant had the ability to discern and decision-making ability to change the subject matter at the time of the instant crime was seriously damaged by the professional examination committee’s request for recovery from both sidess.