A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant came to know of C, which had worked as a worker in around 2012, and d (here, 25 years of age) was aware of the victim D (here, 25 years of age) who was a former female-child and intellectual disability of C around March 2016.

On May 1, 2016, at around 13:00, the Defendant sought the C's house located in Gwangju Mine-gu E, and the C's house called "C's house" from the victim and sought F's seat.

At C’s house, the Defendant drinked alcoholic beverages together with the victim, C, and F, around 19:00 on the same day, and C and F met the chest of the victim who was sitting on the side of the victim himself/herself, and the victim considered as “non-takeer,” and tried to get off the victim’s panty by putting the hand into the panty with the spans where the victim was put on the floor, while intending to get off the victim’s panty, while she again put out the panty, even though the victim was carrying out the panty, she left off the victim’s panty.

In addition, even though the victim refused to contact the defendant, the victim "h is received from the victim's body while receiving C," and the victim's body sealed the victim's resistance, and then, the victim's chest was immediately fluord with the victim's chest by raising the victim's fluor and brue, and inserted the victim's chest into the part of the victim's sound.

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

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records;

1. Statement to C by the police;

1. Certificate of the disabled;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. An order of disclosure and notification;