A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment became final and conclusive.

Punishment of the crime

On July 15, 2017, at around 18:55, the Defendant discovered that the victim E (V), while playing in the Eunpyeong-gu Seoul Metropolitan City D Park, was seated as a chair in the park, and the victim was seated, and then the victim did not have his age so that he was able to resist, without being able to resist by her age, laid the hand into the victim's clothes, using the victim's non-speak condition, and laid the finger up the finger up up to the knife, and she was frighted by the victim's knife.

As a result, the defendant, using the state of the victim who is unable to resist by age, included a part of body such as fingers and fingers in the sexual flag, and raped a person under 13 years of age.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of F and G;

1. Stenographic records, a statement assistant report, and an expert opinion on sexual assault case;

1. A internal investigation report (verification of CCTV images at generated places and attaching CDs), CCTV screen;

1. Application of the statutes of the response request for appraisal;

1. Article 7 (4) and Article 2 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 29 of the Criminal Act;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (in light of the contents and attitude of the Defendant’s statement in an investigative agency and in this court, the Defendant seems to have significantly lack understanding and judgment on the situation in which he/she was faced, and as seen thereafter, the Defendant was diagnosed with dementia in his/her blood-related dementia or in his/her mixed mix alz., and was receiving treatment for taking and treating the dementia drugs after July 7, 2015; and the fact that the Defendant was rated as a long-term medical class 4 on February 17, 2017 is recognized. As such, the Defendant was in a state that he/she lacks the ability to discern things or make decisions due to dementia at the time of the instant crime.

[Determination]

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Special cases concerning the punishment, etc. of sexual crimes exempted from an order to attend a course;