However, the above sentence shall be executed for a period of four years from the date this judgment becomes final and conclusive.

On October 11, 2017, at around 13:00, the Defendant: (a) prevented a victim E (31) of Grade 3 of the intellectual disability of the same group from going to the body of the victim, who is a patient in the same sick room, in the hospital D hospital 402 located in Gyeyang-gu Incheon Gyeyang-gu, the Defendant requested the similarity of the victim, “I am soon, bit bit bit bit bit bit bit son,” and the victim refused the act; (b) the victim requested the act of assaulting the victim and re-feasing the victim by walking the body of the victim’s chest at the time of drinking, but the victim failed to comply with it; (c) the victim failed to comply with it.

Accordingly, the defendant tried to act similar to that of violence against a victim with a mental disability, but he attempted to commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Stenographic records (E);

1. An expert opinion on sexual assault against the disabled;

1. A certificate for disabled persons;

1. A certificate of disability;

1. A written confirmation of hospitalization and a written opinion (the defendant and his defense counsel had a mental and physical state at the time of committing the instant crime due to the editorial depression, and the disorder in the personality of the defendant;

The argument is asserted.

In light of the records, even though the Defendant was aware of the fact that he was suffering from an editing illness and apprehension disorder, comprehensively taking account of the motive and method of the instant crime recognized by the evidence, the words and attitudes of the Defendant sent by the Defendant before and after the instant crime, as well as the attitude of the Defendant in the investigation process and this court, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to tide, etc. at the time of the instant crime.

Therefore, the above argument by the defendant cannot be accepted. The above argument by the defendant cannot be accepted.

1. Articles 15 and 6 (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)