A defendant shall be punished by imprisonment for one year.

The defendant's disclosure of information about the defendant is made through an information and communications network for two years.

Punishment of the crime

Around 08:20 on April 26, 2017, the Defendant: (a) was in the state of physical disability 2 having weak mental ability to discern things or make decisions; (b) around 08:20 on the front of the 2nd apartment complex of Dacheon-si; (c) was the victim D (tentative name, f. 12 years old); (d) was passing the place; and (e) was forced to commit an indecent act by reporting the victim D (the victim’s age 12); (e) brought the victim into both arms; and (e) laid the victim’s breast part toward the upper part of the victim by inserting the victim’s hand.

Accordingly, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement video CD or stenographic record;

1. Application of Acts and subordinate statutes to investigation reports (Opinion of experts in cases of indecent conduct against children);

1. Relevant Article 7 (6) and (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning facts constituting the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant is unable to give a smooth judgment and communication due to mental disorders, vision disorders, etc., and to expect the effect of preventing recidivism through an order to complete a program, and there are special circumstances in which the defendant is unable to impose a complete program on him/her);

1. The main sentence of Article 49 (1) of the Act on the Protection of Children against Sexual Abuse;

1. In a case where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment, the Defendant who registered personal information of a child subject to notification order is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommended sentences according to the sentencing guidelines: sex crimes.