A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On January 29, 2019, when the defendant suffered from intellectual disability 2nd degree of harm and lacks ability to distinguish things or make decisions, the defendant tried to take the victim's arms in both arms after having taken the victim's arms in front of the three entrances of the F subway Station E in Yangsan-si, both of which are located after the victim's friendship with the victim's friendship, and trying to take the victim's arms in both arms after having taken the victim's arms in front.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. A criminal investigation report on the implementation of the victim D (name, leisure, age 8) video recording, each investigation report (with respect to the attachment of CCTV photographs, the description of the 112 reported case processing case, the attachment of CDs and the statement analysis written opinion, with respect to the suspect A's personal information;

1. A stenographic record and a written confirmation of the investigation process, statement analysis opinion, and a detailed statement of processing 112 reported cases;

1. A disability rating, a certificate of disability, and a disability diagnosis certificate;

1. Application of the Acts and subordinate statutes governing CCTV images and recording files storage CDs;

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;

1. Article 10(2) and Article 55(1)3 of the Criminal Act for the mitigation of mental disorders (in full view of the background of the instant crime, the behavior of the accused before and after the instant crime, the Defendant’s attitude of statement in the court before and after the instant crime, etc., which may be known by each evidence duly adopted and investigated by this court, it is deemed that the Defendant committed a crime in the state that the Defendant lacks the ability to discern things or make decisions due to Grade 2 intellectual disorder

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 2-3 of the Act on Probation and Medical Treatment and Custody, etc.;