A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Criminal facts

[criminal power] On September 11, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment for special larceny, etc. at the Changwon District Court’s branch branch office, and the judgment became final and conclusive on September 19, 2015.

[2019Gohap43]

1. Around August 2014, the Defendant became aware of the victim C (or 27 years of age) with mental retardation disorder 2 through a terromatic disability B (around August 2014), and the victim was aware that he/she was living alone in Sacheon-si D apartment E without his/her guardian or person living together with the victim, and was able to have sexual intercourse with the victim by using the victim’s intellectual disability while being aground at the above house.

In February 2015, at around 23:00 on February 2015, the Defendant had sexual intercourse with the Defendant by inserting alcohol with B and the victim at the victim’s house, reporting the victim who was in contact with the victim, reporting the victim who was in contact with the victim, and putting the victim’s sexual organ into a negative part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability to resist.

B. On March 2015, the Defendant, at around 23:00 on the date of March 2015, 2015, performed alcohol with the victim, F, and B at the victim’s home, and had her desire to report the victim who was locked on the floor of the living room under the influence of alcohol, and had her panty talked with the victim’s sexual organ inserted the Defendant’s sexual organ into the victim’s panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability to resist.

C. The Defendant and G, and F, of the crime committed on April 18, 2015, around 20:00 on April 18, 2015, by taking advantage of the victim’s mental disability such as setting the order of mutual relationship with the victim by stating that G is “one day” and “F is “one day”, and the victim is in the state of failing to resist due to mental disability.