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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
At around 19:35 on March 12, 2018, the Defendant, under the lack of the ability to defend things or make decisions due to the on-site illness, committed an indecent act by force against the victim by putting the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation report (the suspect's side participation and submission of a medical certificate when preparing the investigation report);
1. Investigation report (as to suspect color and interview contents);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 298 of the Criminal Act applicable to the crimes;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Probation and Medical Treatment Orders Act, Articles 44-2 and 2-3 subparag. 1 of the Medical Treatment and Custody Act (as seen earlier, the accused is a mentally handicapped person whose punishment is mitigated pursuant to Article 10(2) of the Criminal Act and who has committed an offense entailing imprisonment without prison labor or heavier punishment. In light of the Defendant’s status as indicated in the evidence examined earlier, the Defendant’s crime committed in the instant case, and the circumstance and details thereof, etc., it is recognized that the Defendant is in need to receive outpatient medical treatment and is in danger of repeating a crime).
1. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;