A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Around September 24, 2019, when the Defendant was unable to discern things or make decisions due to dementia, etc., the Defendant walked along the way in front of the “Criju station” located in the Southern-si B, Namwon-si on September 15:4, 2019, and reported the victim D (16 years of age, 16 years of age, and her name) and carried the victim’s right shoulder behind him/herself, and was attempted by the victim with the wind that the victim gets off.

As a result, the defendant attempted to commit an indecent act against a child or juvenile victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. 112 reported case handling table;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 7 (6) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62(1) of the Criminal Act on the suspension of execution (hereinafter “the grounds for the suspension of execution”)

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to cases where an order to attend a course is deemed impracticable to expect the effectiveness of education due to a disease, such as dementia and to prevent recidivism, and thus, it is deemed that an order to attend a course cannot be issued to the accused;

1. The defendant's age, environment, social ties, records of the crime, details and motive of the crime, method and consequence of the crime, risk of repeating the crime, and order of disclosure notification pursuant to 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;