The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person with a cadastral disability of Grade II.

On October 4, 2015, the Defendant: (a) 20:00 on the 20:0-round 20:0, the Defendant committed an indecent act against the victim by putting his/her hand on the front and rear seat of the victim F (V, 17 years old) who was sitting in the front of the Gu and American city bus, by putting his/her hand on the front and rear end of the victim F (V, 17 years old).

Summary of Evidence

1. Legal statement of witness F;

1. Statement by the police concerning the witness F;

1. Any of the statements of G and H;

1. Application of Acts and subordinate statutes to a investigation report (in relation to the confirmation of CCTV inside the generated vehicle, attachment of a copy of a suspect's welfare card for persons with disabilities, the situation at the time of dispatch of the head,

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel asserts that the Defendant and the defense counsel’s assertion regarding Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (in the absence of mental or physical disorder as a class 2 disabled person; hereinafter, the first offender) was in a state of mental or physical loss due to intellectual disability at the time of committing the instant

According to the response to the court's mental appraisal commission, the defendant was judged to be overall intelligence 42 and 7 years of age and 1 months of age in the intelligence examination, and the evaluation scale of children's self-defluence was assessed to be 27 (at least 30). The mental appraisal of the defendant was conducted by I, "The level of the current defendant's intellectual ability and defluorial self-defluorial disorder is not deemed to be a level that the defendant can perform his/her behavior in a planned manner with the purpose of coercion, etc." is recognized as having presented the opinion of appraisal.

However, the determination of whether and to the extent of mental disorder as stipulated in Articles 10 (1) and 10 (2) of the Criminal Code must be based on the opinion of a professional appraiser as a legal judgment.