A defendant shall be punished by imprisonment for not less than three years and six months.

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

Punishment of the crime

On June 2017, the defendant knew that the victim B (the name, the 39-year old) was unable to perform his/her intellectual ability due to mental disability after he/she met through the Internet hosting.

On May 19, 2019, the Defendant was hospitalized in the Dent Ewal of the members of Ansan-si, the Defendant was hospitalized with the victim on May 19, 2019, when he was able to return home, after drinking together with the victim, due to a traffic accident that occurred while the Defendant was driving a vehicle.

피고인은 2019. 5. 23. 05:36경 위 병실에서 피해자에게 바람을 쐬러 나가자며 피해자를 병실 밖으로 데리고 나온 후 순간적으로 욕정을 느껴 남자화장실 용변칸 안에 데리고 간 다음 피해자의 바지를 벗기려 하자 피해자가 “하지 마”라고 말하며 손으로 바지를 잡고 거절하였음에도 강제로 피해자의 옷을 벗긴 후 피해자의 음부에 성기를 삽입하여 강간하였다.

Accordingly, the defendant raped the victim who is the disabled.

Summary of Evidence

1. Defendant's legal statement;

1. The video CD and stenographic records of B;

1. A written statement;

1. Victims' welfare cards;

1. Photographs and written confirmation of admission and discharge;

1. Application of investigation reports (on-site CCTV verification) and investigation reports (on-site photographs)-related Acts and subordinate statutes;

1. Relevant Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 297 of the Criminal Act, and the choice of limited imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019) are difficult to readily conclude that the Defendant is in danger of sexual assault and recidivism.