1. The mentally defective person under Article 10(1) of the Criminal Act refers to a person who lacks the ability to reasonably distinguish the person's ability to distinguish the person's ability to distinguish things from the person's bad behavior, namely, the person's ability to make a decision, or who lacks the ability to control his act by determining whether the person's act is in a state of lacking the ability to distinguish things from the person's wrong behavior. The person with mental disability under Article 10(2) of the Criminal Act refers to a person who is not

The above capacity to distinguish objects or make decisions is related to the ability or intent of judgment, and is not necessarily consistent with the perception or memory of fact.

(See Supreme Court Decision 90Do1328 delivered on August 14, 1990). Determination of whether or not a mental disorder exists and degree thereof under Article 10 of the Criminal Act is a legal judgment, not necessarily bound by the opinion of a specialized appraiser, but can be independently determined by the court, taking into account various circumstances, such as the type and degree of mental illness, motive and background of the crime, means and manner of the crime, the behavior of the defendant before and after the crime, degree of reflection, etc.

(See Supreme Court Decisions 99Do1194, Aug. 24, 199; 2007Do833, 2007Gado22, Nov. 29, 2007). Meanwhile, in the crime of indecent act by compulsion, an indecent act in the crime of indecent act by compulsion objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as an act contrary to good sexual morality (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). In order to establish the crime of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act, other than assault or intimidation, should be recognized.

The finding of guilt in a criminal trial should be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt.