A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

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

Defendant

In this case, the defense counsel did not explicitly assert mental and physical disorder but can be recognized by the records of this case, i.e., (1) the defendant is registered as a disabled person of Grade II with intellectual disability; (2) the defendant's mental evaluation results of the mental evaluation of the defendant, which shows a serious mental retardation (the mental retardation range is between 50 to 69, which is very low among intelligence index 52; and the defendant's intelligence index is very low); (3) the defendant stated to the effect that the defendant was before the date of trial considering his/her mental health condition; and (4) the defense counsel stated to the effect that the defendant was before the date, taking into account his/her mental health condition; and all other circumstances revealed in the arguments including the defendant's words, attitudes, etc., at the time of committing the crime of this case, the defendant did not have the ability to discern things or make decisions on his/her dwelling at the time of his/her intellectual disability (see, e.g., Supreme Court Decision 2009Do7131, Jul. 21, 2013).

At this time, the mother, who became aware of the fact that the defendant was in D, was the victim, called the defendant's second floor, and "I will see the defendant's "I will report it to the police at p. D or P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P.P.