However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

At around 03:30 to 04:00 on August 12, 2012, the Defendant: (a) had sexual intercourse once by taking advantage of the victim’s defective condition, where the victim’s body could not be properly classified as the Defendant, as in the case of the victim D (Inn, 27 years of age) in Daejeon-gu, Daejeon-gu; (b) had sexual intercourse at around 06:30 to 07:00 on the same day; and (c) had sexual intercourse once by taking advantage of the victim’s defective condition, and had sexual intercourse with the victim’s mental condition so long as the victim’s treatment period cannot be known; and (d) suffered injury, such as old-pathy, bad blood, acute infection, and acute depression.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A criminal investigation report (to attach and details ofCCTV images CDs);

1. Each statement of opinion;

1. The provision of medical records for victims of sexual assault, list of collected objects as a result of the examination of victims of sexual assault, and the application of statutes to request cooperation to the prosecution for patients;

1. Relevant Article of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the choice of punishment (generally, choice of limited imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 (1) of the Act on Probation, etc.;

1. Article 37 (1) 1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Where a conviction is finalized on the crime of this case subject to registration of personal information subject to registration under Article 41(1)1 and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent authority pursuant to Article 33

Reasons for sentencing

1. Imprisonment with prison labor for a period of two years and six months to fifteen years;

2. Application of the sentencing criteria (determination of type) sex crimes. Where the result of bodily injury occurs. The age of 13 years or older, injury or bodily injury, rape (special rape) - mitigated factors: no penalty shall be imposed.