A defendant shall be punished by imprisonment for three years.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, in collusion with C on November 15, 2012, under the lack of ability to discern things or make decisions due to intellectual disability 2-3 level, the Defendant decided to report the victim F (31 years of age) who has intellectual disability work together in the “stock company E” as defined in Geumcheon-gu Seoul Metropolitan Government D 1311 and forced sexual intercourse. The Defendant, along with C, took the victim into the foreth floor of the building, moved the victim into the foreth floor of the building in the victim’s entrance, left the victim’s will and panty with his clothes, cut off the victim’s clothes, cut off the victim’s kne and kne, cut off kne and kne, cut down his bry and clothes, and added the victim’s sexual intercourse by inserting the sexual intercourse. The Defendant continued sexual intercourse with C in the above way, and continued the victim’s sexual intercourse.

Accordingly, the defendant, in collusion with C, has sexual intercourse with the victim by using that victim was unable to resist due to intellectual disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, C, and G;

1. The point of mental and physical disability: The application of Acts and subordinate statutes shall be governed by a medical certificate, a copy of medical record, a certificate of issuance of a copy of medical record, a report of psychological evaluation [this case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case'

1. Article 6(4) and (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same) regarding criminal facts, Article 299 of the former Criminal Act (wholly amended by Act No. 11574, Dec. 18, 2012).