2. Determination

A. The crimes of this case committed by Defendant A (hereinafter referred to as the “Defendant”) are the circumstances unfavorable to the Defendant, such as the following: (a) the victim E, a female with intellectual disability, who was traveling together to resolve his/her sexual desire, was sexual intercourse on four occasions while viewing that the victim E, who was a female with mental disability, was living together; and (b) the victim was subjected to considerable mental and physical shock.

However, there are many circumstances favorable to the defendant, such as: (a) the defendant appears to have committed each of the crimes in this case without deep awareness of the crimes with weak mental and physical disorder; (b) the defendant does not live together with the above victim; (c) the possibility of recidivism against the above victim exists; (d) the defendant reflects his crime; (e) the defendant does not want the punishment of the above victim by agreement with the above victim; (e) the defendant does not want any criminal punishment against the defendant; (e) the defendant's family members are leading the defendant; and (e) the defendant's family members want to take the lead.

B. The facts that each of the crimes of this case committed by Defendant B (hereinafter referred to as the “Defendant”) was committed by the Defendant on the grounds that the Defendant reported that the Defendant had sexual intercourse with A, a woman living together, and the Defendant also had sexual intercourse four times with the victim D, a intellectual disability victim, who was living together with A, was deemed to have been sexual intercourse with the victim of this case, and that the victim had suffered a considerable mental or physical shock, etc., is disadvantageous to the Defendant.

However, the defendant also committed each of the crimes in this case without deep awareness of the crimes with weak mind and body as intellectual disability.