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Defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant committed the following crimes under the state that Albimer Dementia lacks the ability to discern things or make decisions due to Albimer Dementia:
1. On July 16, 2017, the Defendant, who was forced to commit an indecent act against the victim C (a person under the age of seven) committed an indecent act by kiscing the victim’s kis on the part of the victim at the D apartment playground in Yangju-si on July 16, 2017, and continued to commit an indecent act by forcing the victim under the age of 13 from the elevator that is located in the above 809 Dong 1-7Ra with his hand.
2. On July 16, 2017, the Defendant, who was forced to commit an indecent act against the victim E (the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, the second, and the second,
Summary of Evidence
1. Statement by the defendant in court;
1. Movies recorded CDs and stenographic records;
1. An expert opinion on each child sexual assault case;
1. A photograph of the scene of crime;
1. The mental and physical weakness as indicated in the judgment: Medical certificate, investigation report (the confirmation of the respondent's hospitalization), and written confirmation of hospitalization [the defense counsel asserts that the crime in this case was committed by the defendant's symptoms of dementia and that the defendant was in a state of mental and physical loss beyond the mental and physical weakness
According to the evidence duly adopted and examined by this court, it can be recognized that the defendant was in a state of weak ability to discern things or make decisions due to Albuses Dementia at the time of the crime in this case.
However, following the instant crime on July 31, 2017, in light of various circumstances, such as the method and method of the instant crime, and the Defendant’s act committed before and after the instant crime, such as the fact that the police officer displayed the elevator CCTV images at the time of interrogation of the police officer, and recognized his mistake, it is deemed that the Defendant was in a state of mental and physical loss beyond the state of mental and physical weakness at the time of the instant crime.