The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

As a result of intellectual disability 2, the Defendant is between the victim C (V, 7 years old) and the members attending the “E church” located in Yangcheon-gu Seoul Metropolitan Government D.

The Defendant, when there is lack ability to discern things or make decisions due to intellectual disorder due to intellectual disorder, etc., between around 14:00 on July 16, 2017, when the worship is being carried out within the E church worship distribution, the Defendant left a kis mark as soon as possible the part of the victim’s right shoulder by inserting his hand into the victim’s panty line, and inserting his hand into the victim’s panty line.

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 Acts and subordinate statutes concerning counseling records (related documents on the point of view of his/her intellectual disability);

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 selection of fines concerning the crime;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Punishment of suspended sentence and sentence under Article 59 (1) of the Criminal Act to be deferred: The detention in a workhouse of a fine of 8,000,000 won: In case of failure to pay it, the custody in a workhouse of 10,000 won for the period converted into one day (Articles 70 (1) and 69 (2) of the Criminal Act); and

1. There are special circumstances in which it is impossible to impose an order to complete a program, given that the proviso to Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse (the defendant is a disabled person of Grade II with intellectual disability, it is difficult to expect the effect of preventing recidivism due to the order to complete a program, and

[Determination]

1. The proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the record shall be recognized);