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 a disability of the second degree with intellectual disability who lacks the ability to discern things or make decisions.

"2018 Gohap 367"

1. On February 2, 2018, the Defendant: (a) was a victim D with a cadastral disability 2 located in Sinsan-si around 19:00 to 20:00, and (b) was a victim D (nick, 23 years of age, total intelligence 40, and social maturity index 36.87) where he/she was living, and (c) was talking with the victim when he/she was living.

After putting the shoulder of the refused victim as his hand, kisck of the victim, and kisck of the victim, kisck became the chest of the victim by her hand.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

2. The Defendant’s refusal to do so is within the Defendant’s KS5 car parked in front of the victim’s residence, such as No. 1, around 07:00 to 08:00 on February 2, 2018.

After taking the shoulder of the rejected victim as his hand, the victim kisck was kisced.

Accordingly, the defendant committed an indecent act against the victim with mental disability by force.

"2018 Gohap 398"

3. On April 26, 2018, at the G hotel parking lot located in Daegu Suwon-gu F on April 13:10, 2018, the Defendant talked with the victim H (the age 22). On the back seat of his/her vehicle, he/she laid the victim’s eye on the back seat of the victim, and she saw the victim to see the victim’s eye, and she sees the victim’s eye, and she has the victim’s eye, and she has the victim’s breathic alcohol.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

"2018 Gohap 367"

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Domestic investigation reports (Attachment to certificates, etc. of victims with disabilities) and accompanying materials "2018 Gohap 398";

1. Statement of the defendant in the first trial protocol in the Daegu District Court 2018 High Court 2501 High Court Order 2501;

1. In full view of the investigation reports (Attachment to a certificate of a disabled person) in the 2018 Gohap 398 case of "the mental and physical weakness of the judgment" with stenographic records and CCTV-faging photographs, and the accused’s certificate of the disabled person, psychological evaluation report, medical records, etc. submitted during the trial process, the accused.