A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a deadly sick patient.

On May 27, 2018, at around 15:45, the Defendant brought the victim's chest to the victim D (V, 16 years of age) who passed their places in front of Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as the "victim D") who was living in front of Geumcheon-gu, Geumcheon-gu.

As a result, the Defendant committed an indecent act by force against a child or juvenile under the lack of decision-making capacity and physical change ability.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Extraction of CCTV images at the scene of crime, and CCTV images at the scene of crime;

1. Application of a written confirmation of hospitalization and a written diagnosis;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 298 of the Criminal Act, and the choice of imprisonment for the crime;

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 stay of execution (The consideration of favorable circumstances among the reasons for sentencing as stated in the judgment);

1. Article 21(4) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, Article 44-2(1) of the Medical Care, Custody, etc. Act (the details and details of the instant crime, the circumstances after committing the instant crime, the written confirmation of hospitalization submitted by the Defendant, and a written diagnosis, etc. of the Defendant, who is subject to a medical treatment order falling under subparagraph 1 of Article 2-3 of the Medical Care, Custody, etc. Act, and there is a need for the medical treatment order and the risk of recidivism;

[Determination]

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the defendant is receiving hospitalized treatment due to a fronchis division disorder, etc., in the case of the defendant, it is difficult to expect the effect of preventing recidivism by taking sexual assault treatment lectures, and there are special circumstances in which the defendant is unable to impose an order to attend education on him

[Determination]

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation and family environment recognized as recorded, and the process of committing the instant indecent act by force, which is exempted from disclosure orders and notification orders;