A defendant shall be punished by imprisonment for a term of one year and three months.

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

Punishment of the crime

The defendant is a disabled person of the second degree of intellectual disability.

On May 13, 2017, the Defendant: (a) around 13:48, around 13:48, 2017, set up a victim D ( South, 12 years old) who was travelling along a bicycle on the street in front of the Gyeongbuk-gun C, the Defendant was 4 times only as the victim’s sexual flag was attached to his clothes, regardless of where he was asked.

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. Stenographic records;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 4);

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Article 53 and Article 55(1)6 of the Criminal Act (Article 55 and Article 55(1)6 of the said Act (Consideration of the following favorable sentencing grounds):

1. Article 62 (1) of the Criminal Act on the stay of execution (resumed for the following favorable sentencing grounds):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Disclosure or Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (where the accused has no history on the part of the accused, the extent and expected side effects of the disadvantage the accused was caused by the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved, and the protection effect of the victim from the sexual crime subject to registration, the accused shall not disclose or notify personal information to the public.

The reason for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for one year and three months to seven years; and

2. Persons under the age of 13 who are subject to the scope of recommended punishment on the sentencing criteria [the types of sex offenses].