A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On March 201, 201, the Defendant had sexual intercourse once with the victim C (the 23 years old), who had intelligence index of less than 45 with a 45 manuity and has a mental disorder of Grade I with a intellectual disability, with the view to inn, the Defendant had sexual intercourse by inserting the sexual organ into the negative part, by taking advantage of the above victim’s mental disability that the victim was unable to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol stenographic records;
1. Test result:
1. Application of Acts and subordinate statutes to investigation reports (in cases of recording statements, writing directly prepared by the victim);
1. Article 6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Article 297 of the Criminal Act concerning criminal facts
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 2011)
1. The reason for sentencing in light of the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Information Disclosure and Notice Order (the defendant's personal information is deemed to have been committed in the instant case in a contingent manner while entering the inn and leaving the inn with his knowledge of the victim and leaving the inn with his inn with his inn with his inn with his inn with his inn with his inn with his inn with his inn with his inn with his inn with his inn with no prior criminal records, and the fact that the defendant has recognized his inn withn
1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;
2. Application of the sentencing guidelines [Determination of types] group of sex crimes, general standards, and type 2 [special-speed persons] from among sex offenses against persons with disabilities (at least 13 years of age): Reduction element: Reduction element [Determination of the recommended field] Reduction Area [Scope of Recommendation] Reduction Area, 1 year and 6 months of imprisonment and 3 years of age.