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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person with a disability of class 2 with intellectual disability, who is 47 intellectual disability index, and has weak ability to discern things or make decisions due to intellectual disability.

On February 10, 2020, from around 15:10 to 16:10, the Defendant accessed the victim D(one, half, age 16) who was easy to make soup and soup within the “C” located in the Yongsan-gu, Yongsan-gu, U.S., Sinyang-si. The Defendant committed an indecent act against the victim, who is a child or juvenile, by gaining access to the victim D(one another, half, age 16) who was easy to make soup and making soup, with the victim’s own hand floor. The Defendant dived the victim’s own hand floor of the victim’s own hand and dive act by force the victim’s child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Investigation report (the No. 14, 15, 16 of the evidence list);

1. A welfare card, a certificate of persons with disabilities, and a copy of a opinion;

1. Application of field photographs, victim photographs, and statutes;

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act, which select the relevant criminal facts and punishment;

1. According to Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental disorders (see, e.g., the circumstances leading to the instant crime, the conduct of the Defendant before and after the instant crime, the Defendant’s attitude or content before and after the instant crime, the Defendant’s behavior seen in this court, the Defendant’s intelligence index at the time of the instant crime, etc., it can be deemed that the Defendant had a weak ability to discern things or make decisions due to intellectual disorder at the time of the instant crime)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendants under Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, subparagraph 1 of Article 2-3, Article 44-2 (1), (2) and (3) of the Medical Treatment and Custody, etc. Act shall be punished pursuant to Article 10 (2) of the Criminal Act;