A defendant shall be punished by imprisonment for not less than 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

The defendant is a victim C (n, 22 years of age) who is a disabled person in the second degree of intellectual disability, and a person who resides in the same kind of neons as an elementary school.

The defendant committed each of the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to early illness, etc.:

1. Around June 16, 2017, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of intrusion upon residence) knew that all other family members of the victim was out of the house and was in the house of mixed person with the victim, the Defendant laid his line on the victim’s house located in the Southern Masung-gun, with the intention of committing an indecent act against the victim, on the part of the victim, who opened the victim’s visit and intruded into the said house with the intention of committing an indecent act against the victim.

As a result, the defendant invadedd the victim's residence and committed an indecent act against the victim in a state of impossibility to resist due to sleep.

2. The Defendant violated the Act on the Punishment, etc. of Sexual Crimes (voluntary indecent act by the disabled) continued at the above time, at the above place, and at the same time and place, the Defendant left the victim fright away from the above act of the Defendant, with the defect of the hospital play, and immediately lying the ceiling on the ceiling, and the Defendant flicked the victim’s chest and flick on one hand with the victim’s clothes above.

Accordingly, the defendant committed an indecent act against a victim with a mental disability.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Application of C’s stenographic records and statutes;

1. Relevant Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act concerning criminal facts, Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment of sexual crimes;

1. Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (the Defendant is a patient suffering from pharmacologic treatment after undergoing the on-site diagnosis).