A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 27, 2020, the Defendant was sentenced to a two-year grace period on the part of the Seoul Western District Court for the crime of indecent act by force, and the judgment became final and conclusive on June 4, 2020.

The defendant, as a disabled person of class 2 with severe intellectual disability, lacks the ability to discern things or make decisions, around October 8, 2018, at around 18:00, the defendant found the victim B (the male and the age of 81) who was seated on the bench while walking in a neighboring park of 6-lane 10, Dongwon-ro, Seoul, Mapo-ro, 10, and suffered bodily injury, such as two strings, in which the victim's head and face cannot be identified, without any justifiable reason, when the head and face of the victim cannot be identified.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal investigation (explosion at the site of the case);

1. Application of each statute on photographs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the same Act for statutory mitigation following the treatment of concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (limited to reasonable circumstances) is that the Defendant, as a disabled person of Grade II with intellectual disability, experienced difficulties in shocking and leading to the instant crime by contingency.

Recognizing and opposing his mistake.

Many people, such as the number of defendants, show their attitude to look about the defendant.

It is necessary to consider equity in the case of judgment at the same time with the crime of indecent act by force of judgment.

【Unfavorable circumstances】 The risk of criminal law is high as a steel stick when the head of the victim is faced with a steel cane.

The degree of injury suffered by the victim is not easy.