A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 10:20 on October 9, 2013, the Defendant, as a person with intellectual disability 2, had weak ability to discern things or make decisions, tried to discover the victim E (the age of 19) in the case of the Grain Park located in the Gyeonggi-gu D Park, Gwangju-si, to prevent the victim from suffering from the victim behind the public toilets located in the D Park, and to attract the victim's body in both hands to the public toilets.

Accordingly, the victim gets a sound, and the victim is able to attract the victim so that he can knife the breast, the defendant knife the breast, knife the knife the knife of the victim, and knife the panty, the victim knife the knife the knife of the victim, knife the knife the knife of the victim knife the knife of the knife, and the knife the knife of the victim's knife the knife of the knife, and the knife the victim suffered, and the victim suffered the injury such as the victim's knife knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement of E;

1. On-site photographs of the case, the victim’s standing photo, the victim’s knee-de photo on October 18, 2013, and the left kne-de photo on January 18, 2013, respectively;

1. Mental health and physical disability: According to the defendant's statement attitude, disabled person certificate, diagnosis certificate, and copy of medical records in the court, the defendant can be recognized as having weak understanding and judgment ability as a person with a disability of class II with intellectual disability and lacks ability to discern things at the time of committing the crime.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Suspension of execution;