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

Punishment of the crime

On June 26, 2012, the Defendant was diagnosed as a blood-related dementia, Albimer’s dementia, etc., and was under medical treatment such as taking regular dementia tests and drugs, etc., and accordingly, the Defendant is a person who has a trouble in recognition functions, such as being unable to properly memory his/her behavior and to identify his/her family.

The Defendant committed the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to such diseases and disorders:

At around 17:10 on February 26, 2016, the Defendant discovered the victim D (V, 7 years of age), E (6 years of age) who was playing in Ansan-si, Sinsan-si, and had the victims take the victims with the sperm in the playground, and forced the victims to take the victims' sexual organ by hand, and E became the Defendant's sexual organ by hand.

Accordingly, the defendant committed an indecent act by force against the victims under 13 years of age.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The statements of the victims recorded in each video CD;

1. Videos contained in CCTV CDs;

1. 112 reported case handling table;

1. An expert opinion on each child's indecent act case;

1. Application of fieldCCTV Acts and subordinate statutes;

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, respectively;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical injuries - The defendant is receiving medical treatment due to dementia, etc. as above, according to the result of the fact-finding by the court, the degree of the symptoms of the defendant's dementia is more severe, and the defendant's recognition function such as memory and judgment ability is deemed to be hindered. At the time of the crime of this case, the witness was revealed to the extent that the situation can be confirmed by the body before sunset, and the defendant was witness around the area.