A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to the mental delay and the arrival certificate of the police.

On May 19, 2018, the Defendant committed an indecent act on the part of the Defendant’s sexual flag in a way that the Defendant committed a indecent act against the victim E (V), a bus passenger, on the part of the Defendant, while the Defendant passed through the vicinity of the bus stops located in both sides of the area of the wife population of the 11:50 on May 19, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A written statement of the preparation of E (alias);

1. A photograph of the victim (the place of crime, page 73 of the investigation record), details of reporting 112, and CCTV photograph;

1. Application of statutes governing written opinions, written confirmations, certificates of persons with disabilities;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 10 (2) 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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16(4) and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 2-3 subparag. 1, and Article 44-2(1) and the main text of Article 44-2(3) of the Medical Care, Custody, etc. Act (the Defendant, from around 2014 to around 2016, was hospitalized at a F mental hospital on two occasions due to symptoms, such as the mental retardation and the arrival certificate during which the instant crime was committed. Not only at the time of the instant crime, but also at the time of the instant crime, the Defendant continuously shows the above symptoms even after the instant crime, and thus, it is necessary to receive commuting treatment as a person with mental or physical disability whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act. In light of the background and content of the instant crime, the Defendant’s health condition, etc., there is a risk of recidivism order as a requirement for a re-offending treatment order.

[Determination]

1. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;