A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Around June 19:00 on June 4, 2018, when the defendant suffered from a mental disorder of class 2 with mental disorder and lacks ability to discern things or make decisions due to mental disorder, etc., the defendant left the front of Songpa-gu Seoul Metropolitan City C through a mixed victim D (W, 13 years of age).

As a result, the defendant committed an indecent act against the victim who is a juvenile.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements and welfare cards of D, E, and F;

1. Application of Acts and subordinate statutes to investigation reports (report accompanied by a medical certificate and a written confirmation of hospitalization);

1. Relevant Article 7 (3) of the Act on the Protection of Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the criminal facts of which the choice of a child has been made;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In light of the proviso to Article 21(2) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant is a disabled person of Grade II with intellectual disabilities, who is hospitalized and discharged from a hospital, such as the National Mental Health Center for a long time, and is repeatedly receiving medical treatment, it is difficult to expect the effect of preventing recidivism through taking lectures for sexual assault treatment, and there are special circumstances in which the defendant is unable to impose an order to attend a lecture on him/her.

I think)

1. An order of disclosure, notification, and employment restriction order of a child exempted, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, family environment, social ties, criminal records, and the risk of repeating a crime recognized in the record, the benefits expected by the order of disclosure, disclosure order, notification order, and employment restriction order, and the effects expected by such order, and adverse effects resulting therefrom, and adverse effects.