A defendant shall be punished by imprisonment for not less than one year and six months.

For the defendant, 10 years have passed since the child or juvenile-related institutions, etc.

Punishment of the crime

The defendant is a person with intellectual disability 2nd degree, and was a person with intellectual disability 2nd degree, who was admitted to Annex C, and was living together with the victim E (V, 41) of intellectual disability 1st degree and the above D.

At around 15:00 the end of January 201, 201, the Defendant reported the victim who did not express his intention properly due to intellectual disorder and did not refuse other persons’ unfair behavior, and requested the victim who expressed his intention to be forced to be exempted from clothes “I am off” and continued to have the victim expressed his intention, and had sexual intercourse by inserting the victim’s sexual organ on the part of the victim who was out of panty and panty, into a negative part.

Accordingly, the Defendant raped the victim by taking advantage of the mental disorder of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E, F, and G;

1. An expert opinion on sexual assault against the disabled;

1. Each internal investigation report (any report related to the time and place of damage, any specific internal investigation, etc., and attaching a victim E-H examination report, disability diagnosis report, etc.);

1. Application of Acts and subordinate statutes on recording recording of statements by victims;

1. Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11088, Nov. 17, 201); Article 297 of the Criminal Act concerning criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the period of restriction on employment shall be ten years in consideration of the age, occupation, risk of recidivism, degree of prosecution, etc. of the accused) of the Act on the Protection of Children

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and Article 37(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Apr. 15, 2010).