A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant, who is a person with severe intellectual disability and lacks the ability to discern things or make decisions due to the foregoing disability. On November 13, 2019, at around 08:00, the victim C, located in Gangwon-do Crossing-gun, was in the residence of the victim C, which was not corrected to view female clothes, and went into the toilet for the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Relevant Article 319 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation [The reasonable circumstances] Defendant reflects the instant crime.

The Defendant, a intellectually disabled person, committed the instant crime in a state of mental disability.

There shall be no history of the criminal defendant subject to a suspended sentence of imprisonment or heavier punishment.

[Unjustifiable circumstances] The defendant has been punished for the same kind of crime.

The victim is trying to punish the defendant.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.