A defendant shall be punished by imprisonment for not less than two years and six months.

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

On June 1, 2017, around 17:03, the Defendant discovered the victim E (8 years of age) from the entrance stairs of the interior swimming pool of the first indoor water pool of Eunpyeong-gu Seoul Center D center, Seoul, at around 17:03, the Defendant used the victim’s head to write and tally write down the victim’s head. The Defendant used the victim’s sexual flag at one time by hand.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to investigation reports (112 reported voice files verification), 112 reported case processing statements, and CD 1 CDs;

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. 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 21 (4) of the Act on the Protection of Juveniles against Sexual Abuse, and Articles 2-3 subparagraph 1 and 44-2 of the Medical Care, Custody, etc. Act for children subject to the order of observation and medical treatment;

1. The proviso to Article 21 (2) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant is a Grade II intellectual disability, and it is difficult to expect the effect of recidivism due to a mental disorder, and there are special circumstances in which an order to attend a course cannot be imposed on the defendant;

[Determination]

1. The effect of preventing the recidivism of a criminal defendant can be achieved solely on the fact that the criminal defendant has no record of criminal punishment for a sex offense before committing the instant crime, and on the basis of an order for medical treatment under the Act on the Registration, Medical Treatment, Care, etc. of Personal Information and Care, etc. of Personal Information, to a certain extent, under the proviso to Article 49 (1) and the proviso to Article 50 (1)

In addition, the defendant's age, occupation, family relationship and social relationship, the details and circumstances of the crime of this case, and the order to disclose the defendant to the public.