A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

The Defendant was well aware of the fact that the Defendant was a victim B (a family name, female, intellectual disability Grade 3) and the victim was dead from December 2018 and was a disabled person.

At around 12:50 on July 6, 2019, the Defendant: (a) had been drinking alcohol together with the victim at the Heakdong-gu CelD, Cheongju-si; (b) had the victim under the influence of alcohol, she had the victim’s body covered with the victim’s her inner body with the victim’s inner body; and (c) had the victim who refused to refuse to do so and refused to do so, she knife the victim’s shoulder with his/her own body, knife the victim’s shoulder and flife the victim’s chest and flick; and (d) had the victim’s chest and flife the victim’s chest, and inserted his/her sexual organ into the victim’s negative body.

As a result, the Defendant raped the victim with intellectual disability, and caused the victim to suffer bodily injury, such as damage to the maternity of which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. A statement recorded CD or stenographic record with respect to the victim B;

1. A report on internal investigation (attaching a patient's opinion to the victim);

1. Application of Acts and subordinate statutes to report on investigation (additional interviews with victims and criminal branch courses);

1. Relevant Articles 8 (1) and 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Selection of Imprisonment with prison labor, Article 297 of the Criminal Act, and the Selection of Imprisonment with prison labor;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following sentencing grounds), 1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, the age, occupation, risk of recidivism of the accused, the type, motive, process of the instant crime, disclosure and notification orders, and the expected side effects of the accused’s disadvantage and expected side effects.