B Imprisonment with prison labor for three years, and for two years and six months, each of the defendants A.

However, from the date this judgment became final and conclusive, Defendant.

Defendant

A and Defendant B are in resistant relations, and the above A are the victims G (n, 34 years old) with mental retardation disorder 3 years old. It is the sony who knows and knows in society.

around 01:00 on January 9, 2013, the Defendants and the victims were locked together at the Defendant A’s house located in Seocho-gu Seoul Metropolitan Government H, 2103.

Defendant

B From that point of time between 03:00 and 03:00 of the same day, I attempted to engage in a sex relationship to the above A, and the defendant A said that the above B would be annoyed and force.

Defendant

B은 위 A과의 성관계를 멈춘 다음 피해자의 옆으로 다가간 후, ‘아 싫어, 만지지마’라고 소리치며 양손으로 바지춤을 잡고 버티는 피해자의 바지를 밑으로 잡아당겨 벗긴 후 입으로 피해자의 음부를 빨고, 피고인 A은 평소 피고인의 폭력적인 성격을 알고 있어 겁을 먹은 피해자에게 ‘G야 너도 거기 빨아줘, 뒤로 해’라고 윽박질러 피해자로 하여금 위 B의 성기를 입으로 빨게 하고, 다시 피고인 B은 피해자의 몸 위로 올라타 피해자의 반항을 억압한 후 피해자를 1회 간음하였다.

As a result, the Defendants had sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Defendant B’s legal statement

1. Part of Defendant A’s legal statement (the fact that Defendant B conspireds with Defendant B at the time, time, and place of sale to exercise force)

1. The statement of the police officer G prepared and the stenographic record of G;

1. A psychological evaluation report, a gene appraisal request, and the result of the appraisal and verification request;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of written opinions of sexual assault cases against intellectual disabled persons);

1. Defendants of the pertinent legal provisions on criminal facts: Article 6(5) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 30 of the Criminal Act

1. Discretionary mitigation Defendants: Each criminal law.