A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

At around 09:45 on November 8, 2018, the Defendant was in the residence of the victim C, which was located in Geumcheon-gu Seoul Metropolitan City, Seojin-gu, Seoul, with a view to having sexual intercourse with the victim living together with the victim who was suffering from ordinary dementia, and was in a way to have the victim sexual intercourse with the victim living together with his/her inside and outside, and collected his/her finger from the victim's chest with his/her chest, and continued to have his/her chest knife the victim's chest by gathering his/her finger knife with the victim's knife with his/her chest, and knife the victim's rear knife with his/her finger knife.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

1. A witness C and D witnesses are two persons, the children of the victim, and their daughters.

each legal statement of

1. Application of each police protocol of statement to C and D

1. Relevant Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1) and 297-2 of the Criminal Act, and the selection of limited imprisonment for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities is difficult to readily conclude that the Defendant has no history of criminal punishment for sexual crimes before the instant case; the Defendant is likely to recommit sexual crimes;