The defendant was a person with a intellectual disability of the first degree, who lacks the ability to discern things or make decisions.

On March 8, 2017, the Defendant, at around 17:29, committed an indecent act against the victim by taking advantage of the state of resistance unable to resist, and by taking advantage of the state of resistance, committed an indecent act against the victim. The Defendant, at around 17:29, committed an indecent act against the victim.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has partially made a statement in court;

1. Report on the results of appraisal by custody centers for the police statements of D and E;

1. A certificate of persons with disabilities and an inquiry into the status of registration of persons with disabilities;

1. Determination as to the assertion of the defendant and his/her defense counsel, such as the investigation report (on-site photographs), on-site photographs, investigation reports (the confirmation of the victim and the suspect status at the time of the case) criminal history

1. The Defendant and his defense counsel’s assertion is a Grade 1 intellectual disabled person, who was physically and mentally deprived at the time of committing the instant crime, and thus, is incapable of being responsible.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the above evidence duly adopted and investigated by the court of this case, the Defendant was physically and mentally weak at the time of committing the instant crime.

As a result, the person under the responsibility provided for in Article 10 (1) of the Criminal Code has no ability to discern things or to make a decision.

It is difficult to see it.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

A. On March 17, 2003, the Defendant was registered as a disabled person under the Welfare of Disabled Persons Act with intellectual disability 1st degree.

According to the report on the results of the appraisal of the Medical Care and Custody Center on December 2017, the entire intelligence of the defendant falls under the level of intellectual disability of I Q 42 as a result of the mental appraisal conducted by the defendant on or around December 2017, and a person who is in a delay of the severe disorder is unable to live a full self-reliance life as an adult, but is under a careful and advanced direction and supervision.