A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On January 3, 2012, the Defendant: (a) around the new wall on January 3, 2012, the Defendant: (b) placed the victim D(W), with intellectual disability 3 that does not have a house at that time, into the said telecom; (c) placed the victim of the intellectual disability 17 years old; and (d) placed the victim “be off, off, sating, sating, sating,” and (d) placed the victim frighted with the clothes off, and had the victim drinking, who was sexual intercourse once.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The police statement of the victim;

1. A certificate of disabled persons, a certificate of disability diagnosis, and an expert opinion on sexual assault against disabled persons;

1. The application of Acts and subordinate statutes to recording records, recording records of statements to victims D;

1. Article 6(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an order to disclose is issued;

1. Where a judgment becomes final and conclusive on the registration of personal information under Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43

Defendant

【Judgment on Defendant’s Defense Counsel’s argument

1. It was true that the defendant and his defense counsel had sexual intercourse with the victim at the time and place stated in the criminal facts in the judgment of the defendant, but at the time, the defendant did not know that the victim was disabled, and the victim did not speak or exercised power as stated in the criminal facts in the judgment.

2...