A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The Defendant, in the state of having the ability to discern things or make decisions due to a mental fission, etc., on July 27, 2017, around 16:55, in the case of Gyeonggi-si, the Defendant boarded in the elevator of the same apartment building, together with the victim D (the age of 11) residing in the same apartment building, in order to have the victim be forced to commit an indecent act, and the victim's face was only one time after having met the part of the victim's sexual organ with the victim's own hand, and the victim's face was only one time.

Accordingly, the defendant forced a person under 13 years of age to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of statements made by victims;

1. Application of Acts and subordinate statutes to certificates, diagnostic certificates, investigation reports (suspect-type E telephone investigation of the suspect);

1. Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. There are special circumstances in which it is difficult to impose an order to complete a program, in light of the fact that it is difficult to expect the effect of preventing recidivism by a program due to the receipt of a mental fission, etc., and that it would be difficult to expect smooth implementation of the program, etc., as a child exempted from a program to complete a program, etc.

[Determination]

1. In full view of the following circumstances: (a) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children Exempted from an order to disclose or notify information; (b) the Defendant’s age, social relative relationship; (c) the Defendant’s primary offender who has no record of punishment; and (d) the benefits and preventive effect expected from the order to disclose or notify information of this case; and (e) disadvantages and side effects therefrom, there are special circumstances that may not disclose or notify the Defendant’s personal information.

The facts of the crime in the judgment, which is a sex offense subject to registration and submission of new information.