A defendant shall be punished by imprisonment for six months.

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

Criminal facts

The defendant is a person with a disability in the third degree of intellectual disability who lacks the ability to discern things or make decisions.

around 17:08 on April 16, 2018, the Defendant, at the entrance before the elevator, X-Xra at the entrance of the Nam-gu Nam-gu Seoul metropolitan apartment apartment complex, X-X, the victim D (V, 15 years old) who is waiting to board the elevator, was her son.

Accordingly, the defendant committed an indecent act against a child or juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of each ctv photographic statute

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

1. Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness (the defendant, as a person with a disability of Grade III intellectual disability, committed the instant crime under the condition that he/she is unable to discern things or make decisions under the condition that he/she lacks the ability to discern things or make decisions, in the process of being treated due to a stimulative disorder of stimulity and stimulity, and a serious behavior disorder requiring caution and care, etc., as a person with a disability of Grade III of intellectual disability);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Special circumstances in which the Defendant is unable to impose an order to attend a lecture on the Defendant, taking into account the fact that the Defendant is deemed unable to properly understand the details of the lecture for treating sexual assault, as a person with a disability of Grade III with intellectual disability, who is exempted from an order to attend a lecture, pursuant to the proviso to Article 21 (2) of the Act

[Determination]

1. The exemption from disclosure order and notification order from disclosure order and 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 (the possibility of recidivism by the Defendant’s sexual crime, disclosure order and notification order), the degree of disadvantage and anticipated side effects of the Defendant’s injury.