A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On June 13, 2018, the Defendant was able to commit an indecent act against the victim E on the front side of D located in C at the time of stay at around 09:27 on June 13, 2018, and the Defendant was able to use the victim’s bucks to the right side of the right side of the victim by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Judgment as to the defendant's assertion of defense counsel

1. The defense counsel of the defendant at the time of committing the crime of this case was in a state of mental and physical weakness due to mental disorder, such as Cho Jae-jin.

The argument is asserted.

2. According to the evidence duly adopted and examined by this court, the Defendant was diagnosed as Cho Jae-sil on May 3, 2013 and was hospitalized as Cho Jae-sil on March 7, 2017, with the view to the fact that the Defendant was hospitalized in the hospital on July 10, 2018, when considering that the Defendant’s name was unknown, on July 10, 2018, the G Mental Hospital H was presumed to have a significant mental disorder, such as the exchange, improper accident, emotional impulse, and social decline, and issued a statement of opinion that the Defendant would have difficulty in the smooth relationship and social life, and that the Defendant was in need of continuous mental medical care.

However, in full view of the details and means of the instant crime, the Defendant’s speech and behavior before and after the instant crime, and the contents and attitude of the Defendant’s statement in this court, etc., the Defendant was in a state of lacking the ability to discern things or make decisions due to the influence of the Cho-jin diagnosed prior to the

Although there is no other evidence to acknowledge it, the defendant's defense counsel's assertion is rejected.

Application of Statutes

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. The Criminal Act for mitigation of quantity;