A defendant shall be punished by imprisonment for two years.

The prosecution against indecent act by compulsion among the facts charged of this case is dismissed.

Punishment of the crime

[criminal power] On December 6, 2007, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Rape of Minors under the age of 13) in the vice branch of the Incheon District Court. On October 29, 201, the Defendant completed the execution of the sentence in the atomic prison on December 29, 201.

【Criminal Facts】

The Defendant came to know of the victim’s “FH shop” operated by the Victim E (FH, 61 years of age) in Nam-gu, Incheon, as a customer, and came to know of the victim, and caused the need for entertainment expenses, the Defendant lost the victim’s awareness of eating coffee mixing with the GH stability and water exemption, and received the victim’s property forcibly.

Around 16:00 on April 24, 2013, the Defendant entered the Hague shop with 1 balance of psychotropic drugs mixed with psychotropic psychotropic drug stability agents and water exemption, and subsequently, the Defendant told the victim that “Non and Gam coffee are in the process of riding so far as walthm walth, so that the Defendant could not resist the victim by getting the victim to be aware of, and not resisting against, the food of the psychotropic drug, and took lectures with 200,000 won in cash on the cosmetic.”

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. A copy of each appraisal report and medical record;

1. Before judgment: Application of the provisions of Acts and subordinate statutes to criminal records and investigation reports (informating a copy of a judgment);

1. Article 33 of the Criminal Act applicable to the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Determination on the assertion of the defendant and his/her defense counsel as to the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the following grounds for sentencing)

1. The gist of the assertion was that the Defendant was a mentally disabled person at the time of committing the instant crime.

2. According to each of the statements, such as the judgment scam, the medical dog submitted by the defense counsel, each medical record copy certificate, and the prescription of extinctive prescription, etc., the defendant from November 23, 201 to March 21, 201, G hospital, from January 30, 201 to March 21, 201, and from January 30, 201 to March 21, 2013.