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

When the Defendant did not control his impulses due to intellectual disability 2 and did not have the ability to discern things or make decisions, the Defendant, around September 22, 2015, committed an indecent act by force against the victim D (V, 17 years of age and the United States) who was waiting for buses at the bus stops located in Daegu-gu Seoul metropolitan bus stops around September 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. The point of mental or physical weakness as indicated in the judgment: The police interrogation protocol, E’s statement, investigation report (Evidence 6,7 No. 7) (In full view of the developments and methods of the instant crime as shown in the records and pleadings of this case, the Defendant’s speech and behavior before and after the instant crime, the Defendant’s disease, the investigation agency and the court’s attitude or contents of the statement, etc., it is deemed that the Defendant committed the instant crime in a state where the ability to discern things or make

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. The proviso to Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant, as a Grade 2 of intellectual disability, is judged to be an intelligent index 40 as a result of a comprehensive examination of the diagnosis and clinical psychology test conducted as a result of a disability examination conducted by the defendant, and it is difficult to expect the effectiveness of re-offending due to an ordinary order to attend a lecture conducted for the general public, such as being judged inappropriate to assess working ability at a protective workplace, and thus, it is difficult

I think)

1. 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 Defendant committed the instant crime under a mental and physical weakness, and the Defendant’s residence therein).