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

The facts of the cause of medical treatment and custody and the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") found the victim D (V, 49 years of age) being cleaned from the stairs going to the second floor from the Busan Southern-gu, around November 29, 2018, in a state that they lack the ability to discern things or make decisions as a mentally handicapped person who shows mental symptoms, such as the damage network, related circumstances, social isolation, etc. due to the disease presumed to be the editing illness, and they committed an indecent act by force against the victim due to the victim's her amblance, which brought about the victim's sexual intercourse to the part of the defendant. < Amended by Presidential Decree No. 24248, Nov. 29, 2018>

[Facts of the causes of medical treatment and custody] The defendant, who shows mental symptoms, such as damage, reputation, social isolation, etc. due to the presumed after editing and investigation, committed a crime subject to imprisonment without prison labor or heavier punishment as above, and the risk of recidivism is high and the execution of the sentence alone does not have sufficient effect of preventing recidivism, needs to receive medical treatment at the medical treatment and custody facility.

Summary of Evidence

1. The defendant's legal statement (which was made after the second trial date);

1. Each statement of E and D;

1. Investigation report (on-site confirmation and attachment of photographs);

1. In full view of all the circumstances, including the following facts and circumstances, the Defendant’s age, character and behavior, family environment, the content, method and method of the instant crime, and circumstances after the commission of the crime, which are revealed by the evidence of the judgment of the Busan Probation Office and the investigation report of the Busan Probation Office, the medical certificate prepared by a doctor F of the National Center affiliated with the National Rice Hospital, and the medical records of the National Rice Hospital, etc., the Defendant needs to be hospitalized in the medical treatment and custody facility for professional treatment, and the risk of recidivism may be recognized if not receiving appropriate medical treatment.

(1) The defendant is around the 20th half of the year.