A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

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

The Defendant, on May 2, 2017, around 16:50 on May 2, 2017, in Seo-gu Daejeon-gu Seoul Apartment Complex 202, with the mind of committing an indecent act against the victim D (age 21) in the elevator of 202, Seo-gu, Seo-gu, Daejeon, Seoul, with the victim’

"Accessing to the phrase, taking the shopping bags from the injured party, taking the photo of the Handphone camera, affixing the photo of the Handphone."

In other words, the Defendant’s body was closely adhered to the body of the victimized person, and the victim’s body was protruding to the neck of the victimized person, and the victim was forced to commit an indecent act by spreading the part of the victim’s tyrts to knife and shoulder the knife and knife the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] General Standard for the Punishment of Indecent Conduct (In a case where the exercise of tangible force is significantly weak (one month to one year) in the area of special mitigation (in a case where a person subject to special mitigation) [a person subject to special mitigation], the degree of conduct is weak, and mental and physical weakness (no person in charge) / [a decision of sentence] below the defendant's age, occupation, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various conditions of sentencing as shown in the argument of this case shall be determined as ordered by taking into account the following circumstances and other circumstances.

A disadvantageous condition: The victim appears to have suffered a considerable mental impulse, and the victim first turns the defendant.

The circumstances that did not want punishment but want to punish but are favorable to the possibility of recidivism: the confession and the accused are against the criticism.