A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of 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 mentally handicapped person of the third degree.

On November 6, 2016, around 23:45, the Defendant, around 23:45, called “D” studio in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant, along with the victim E (Y, 23 years of age) of the first day, performed drinking as well as the victim E at the room, and she was placed on the victim’s body “h. E.” and she committed an indecent act by force by force, by putting the victim’s body and kid the victim’s chest.

Summary of Evidence

Application of the police statement law to the victim of the defendant's legal statement

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] of the grounds for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] of compulsory indecent acts under Article 62-2 of the Criminal Act (the scope of punishment) is the mitigated area (one month to one year in general) [the person subject to special mitigation] [the defendant is not subject to punishment [the person subject to a sentence] of punishment [the defendant] because he committed rape, even though he had the record of being subject to juvenile protective disposition by the juvenile reformatory due to rape, again committed indecent acts by exercising the juvenile reformatory's force again, it is not easy

However, the punishment shall be determined in consideration of the fact that the defendant reflects the wrong, that the injured person does not want the punishment of the defendant by agreement with the victim, that the defendant is expected to have affected the crime of mental disorder because the defendant suffers from the mental disorder disorder and the treatment and control of the defendant's parents, and that the defendant's age, sexual behavior, etc., and the protection and observation shall be also ordered to prevent recidivism.

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is a related agency pursuant to Article 43