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 80 hours.

Punishment of the crime

The defendant and the victim C(n, 53 years old) are residents of the village living in the same village, and the victim is a person with a physical disability after being judged on March 14, 1994 by the second grade disability.

From 22:00 on December 12, 2013 to 03:00 on the following day, the Defendant: (a) from around 22:00 to around 03:00 on the following day, the Defendant: (b) at the victim’s home located in Gyeongnam-gun, Cheongnam-gun; (c) at the victim’s home located in Gyeongnam-gun; (d) at the victim’s home located in Gyeongdo-gun-gun-gun-gun-gun; (c) at the victim’s home, had the victim engage in sexual intercourse with the victim who was unable to move against the victim; and (d) at the victim’s home cover with the victim’s face; and (d) had sexual intercourse with the victim

Accordingly, the defendant raped the victim with a physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A video recording report, stenographic record, or expert opinion on sexual assault cases against children with disabilities;

1. Reports on internal investigation (in relation to interviews with victims, accompanying disabled persons' certificates, and investigating into the scene of crimes);

1. Application of Acts and subordinate statutes to certificates of persons with disabilities;

1. Relevant Article on the facts constituting an offense, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 297 of the Criminal Act;

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. 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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a special case on