A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is a disabled person of Grade III with a mental disorder, and the victim C (V, 43 years old) is a person with a mental disability of Grade I without delay who is almost unable to express his/her opinion or communicate with him/her, and the defendant and the victim are hospitalized in D.

On February 24, 2017, around 09:15, the Defendant committed an indecent act against the victim in a state of impossibility to resist due to mental disorder, such as making him/her a sexual desire to report the victim before the D's kitchen in E, leaving him/her in his/her kitchen, leaving him/her in his/her mouth, and leaving him/her in his/her mouth, and leaving him/her in his/her mouth, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The statements and stenographic records thereof (No. 3 and 4 No. 5 of the evidence list) made by the victim in a video recording CD;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each investigation report (No. 5,9,13 No. 5 of the evidence list);

1. Relevant legal provisions concerning the facts constituting an offense, and Article 6 (4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc., and Article 298 of the Criminal Act (the occupation of indecent acts by force against persons with disabilities and the choice of punishment by imprisonment);

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (any special circumstance in which an order to attend a course may not be imposed, considering that the defendant is a mentally disabled person of Grade III with a mental disorder);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the instant crime is not an offense against many and unspecified persons, but a criminal defendant has no same criminal record.

It is expected that the effects of preventing recidivism can be expected to some extent due to the registration of personal information and participation in sexual assault treatment lectures.

I seem to appear.

In addition, the motive and background of the crime of this case, the defendant's age and occupation, and the disclosure order of this case and the notification order are expected.