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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as a person with a disability in the third degree of mental disability, committed an indecent act against a juvenile victim by forcing the victim, who was a juvenile, by inserting his/her son seated in the direction of the plaza 1 at the same time on April 8, 2018, in the state that he/she lacks the ability to discern things or make decisions due to the failure of the judgment or the decline in the recognition ability, etc., of his/her mental disability. On April 8, 2018, the Defendant: (a) committed an indecent act by forcing the victim, who was a juvenile, by inserting his/her son seated in the direction of the plaza 1 at the Seopopo-si, Seopo-si, Seopo-si, Seopo-si; (b) by inserting his/her son seated with his/her front seat, etc.; and (c)
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Each report on internal investigation (related to specific person under suspicion and/or the date and time of crime);
1. Application of the Acts and subordinate statutes to photograph booms in buses and to photograph photographics of crimes;
1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning facts constituting an offense;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the defendant is a disabled person of Grade III with intellectual disability with the recognition ability (intelligent index 66), and there is a situation in which it is difficult to expect logical judgment or decision-making as an adult due to considerable lack of ability to adapt to society (sociality index 64 and age 11), and in light of the above circumstances, it is deemed that there are special circumstances in which the defendant is unable to impose an order to attend a course on him/her]
1. An order of disclosure, notification, and employment restriction order of a child exempted from such order, the proviso of Article 49(1), the proviso of Article 50(1) and the proviso of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse [the defendant is a disabled person of Grade III who is a rehabilitation facility for the disabled and resides in the E Rehabilitation Institute which is a rehabilitation facility for the disabled, and is located within the same fence.