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

The defendant shall complete a sexual assault treatment program for 40 hours.

Criminal facts

The defendant, who is engaged in mechanical processing business, resided in an apartment complex such as the victim C (the disabled level 1 with physical disability), was living in such apartment complex as the victim C, with the knowledge that the victim has a lack of decentralization for recognition ability and memory as a disabled person, and had the victim committed indecent conduct or rape.

1. On July 8, 201, the Defendant: (a) induced a victim who was playing in the nearby senior citizens’ home at the Ulsan-gu E apartment 102 next Gamb, Ulsan-gu, Ulsan-gu, Seoul-do, to take out his sexual organ; (b) forced the victim to take off his fingers; and (c) led the victim to his sexual organ by force; and (d) forced the victim to take off his fingers.

2. 성폭력범죄의처벌등에관한특례법위반(장애인강간) 피고인은 2012. 5. 일자불상 저녁 무렵에 울산 북구 매곡동에 있는 청룡암 입구 체육공원에 정차된 피고인 소유의 F 옵티마 차량 내에서 피해자의 바지를 강제로 벗기고 “씨발년아 빨리 빨아라, 씨발년 니 보지에 오빠야가 물 한번 쫙쫙 쏴줄게.”등 욕설을 하며 피고인의 성기를 입으로 빨도록 한 후, 피해자의 음부에 피고인의 성기를 삽입하여 피해자를 1회 강간하였다.

3. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) committed indecent acts by force against the victim, such as: (a) the victim reported that he/she was playing in the E Apartment Elderly; (b) the victim was living outside the vehicle; and (c) he/she forced him/her to take away from the vehicle; and (d) forced him/her to take away his/her car at the above place; and (e) forced him/her to take away his/her hand and talk with the victim; and (e) interfered with the victim’s sound mind.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Investigation intelligence reports, and