A defendant shall be punished by imprisonment for not less than two years and six months.

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

Criminal facts

While the Defendant lacks the ability to discern things or make decisions due to early illness, etc., the Defendant, around March 10, 2018, in front of the Victim D (Gain, Gain, 46 years of age) located in Gangnam-gu Seoul Metropolitan Government C 302 (Gain, Gain, 46 years of age) around March 10, 2018, talking about the problem with the victim who lives in the upper house of around 11:00 on the same day, he would make the victim check more than once.

"Falsely speaking", the injured person entered the defendant into the house, intruded the defendant into the house, and then pushed the victim's chest by hand and pushed the victim's chest by hand.

Accordingly, the defendant invadedd the victim's residence and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements prepared by D;

1. A CD in each investigative process confirmation, on-site photograph, or telephone recording;

1. Application of Acts and subordinate statutes to report on investigation (on-site situations and hearing victim D telephone statements);

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, Articles 319(1) and 298 of the Criminal Act, and the choice of an organic imprisonment with prison labor;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness [the following circumstances known by the records, such as a copy of medical records, etc.] of Article 10(2) and Article 55(1)3 of the Criminal Act (i.e., the defendant, upon delivery on April 9, 2003, was hospitalized for 21 days after he/she was diagnosed as a man on the face of his/her own mind on the ground that he/she ought to flee from the second floor with his/her own mind on the ground that he/she had taken custody of his/her body, and was hospitalized for 21 days. (ii) The defendant was hospitalized for several symptoms, such as Cho Jae-he/she had been hospitalized until before 209, and was unable to lead a normal social life at the time of the instant crime. (iii) The defendant was first confined to a water leakage problem, and the victim's children are expected to have good mind of the victim.