Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

When the Defendant, on July 5, 2015, while having weak ability to discern things or make decisions due to a detailed ambiguous, symptoms mental disorder, etc., the Defendant was aware that the victim E (Woo, 36 years of age, intellectual disability 1 level) who is a resident of the same apartment in the corridor of the social welfare center in Daegu North-gu, Daegu, Nowon-gu, Seoul, became aware of the fact that he was a person with a intellectual disability, and was able to look at the victim's chest on his own hand, knife the victim's breast, knife him out of the welfare center, and knife the victim's breast outside the welfare center, and knife the victim's breast inside the damaged person.

Accordingly, the defendant committed an indecent act on the part of the victim with a physical or mental disability.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Stenographic records;

1. Report on internal investigation (such as the verification of CCTVs at the F Social Welfare Center), investigation report (limited to the verification of CCTV in which the counter-crime of a suspect is taken);

1. In cases of investigation reports (related to attaching copies of victim's medical records), reports by persons assisting in statements, and welfare cards attached to agreements (a list No. 15 of evidence);

1. The point of mental and physical weakness as indicated in the judgment: Each investigation report (the sequence 5, 7, 10, 12 of the evidence list) shall apply to statutes;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Under Articles 10(2) and (1), 55(1)3, and 10(1)3 of the Criminal Act (in full view of the details and methods of the instant crime as indicated in the instant records and pleadings, the Defendant’s behavior before and after the instant crime, and the Defendant’s attitude or details of the Defendant’s statement, etc., the Defendant is deemed to have committed the instant crime under the state of lacking ability to discern things or make decisions due to mental or physical disorder).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the defendant, as seen earlier, has different objects or expressed his/her will due to mental or physical disorder.