A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 6, 2016, when the Defendant lacks the ability to discern things or make decisions, the Defendant deemed female students passed in front of the D cafeteria located in Ulsan-gu, Ulsan-gu, Seoul on September 17, 2016, and committed an indecent act by force by force against female students E (the age of 16) who are juveniles by extending their hand to a close range of female students.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. A criminal investigation report (Attachment of suspect photographs), investigation report (Attachment of case details received for the same type of crime), and multiple reports (Attachment of photographic video files and CDs to witnesses);

1. Mumbuck photographs (the Defendant was to cut his hands out with a habiting pipe, and there was no intention to commit an indecent act;

However, the intention of indecent act is recognized in light of the behavior or circumstance of indecent act at the time.

Application of Statutes

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness (the defendant is deemed to have committed a crime under the condition that his/her physical differentiation and decision-making ability has been deteriorated at the time of committing the crime, since he/she shows highly low intelligence of Q Q Q Q 60 as a person with intellectual disability 3rd disability, and his/her shock capacity has been lowered due to such intelligence, etc., and at the time of committing the crime;

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 among the reasons for sentencing)

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

1. In full view of the proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant was judged as having disabilities with intellectual disability 3 and has no record of being punished for the same kind of crime, and the defendant's age, sex, environment, etc., it is difficult for the defendant to expect the education effect and the effect of recidivism of sexual crimes through taking lectures to treat sexual assault.