A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a patient hospitalized in Daegu-gu E Hospital due to a mental disorder caused by brain damage, etc., who lacks the ability to discern things or make decisions, and the victim F (the age of 16) is a patient hospitalized in the same hospital due to depression, etc. and is in Grade III with intellectual disability.

1. On January 24, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant provided tobacco to the victim on the nine-story rooftops of the above E Hospital, allowing him/her to smoke, and then the victim’s chest was taken care after the victim’s hand.

As a result, the defendant committed an indecent act against the victim who is a child or juvenile with mental disability.

2. Around 15:00 on January 24, 2014, the Defendant committed an indecent act against the victim, such as violation of the Act on the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, and went out of the hospital to go out of the hospital, and went out of the hospital to go out of the hospital.

The Defendant, with the mind of rape, was placed on the part of the victim by breaking the shoulder of the victim, laid off the victim's body, prevented the victim from resisting, and attempted to rape the victim by putting the victim's sexual organ off on the part of the victim's body, cutting off the victim's clothes, and then she did not commit any attempted crime, such as putting the victim's clothes off so that the victim may not get off his clothes.

As a result, the defendant tried to rape the victim who is a child or juvenile with mental disability, but attempted to commit such rape.

Summary of Evidence

1. Defendant's legal statement;

1. Recording records;

1. Each report on internal investigation:

1. Report on the results of entrusted disability ratings;

1. An expert opinion on sexual assault against the disabled;

1. The point of the judgment of mental and physical disability: the opinion of opinion, the disability diagnosis attached to the report of a pre-requested society, and the defendant, who is a certificate, shall cerebral blood around 197.