A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

The defendant knew that the victim D (ma, 35 years of age) residing in Chungcheongnam-gun Hong-gun C has a disability with mental retardation Grade 3, and tried to have sexual intercourse with the victim using it.

On April 11, 2010, the Defendant, at the home of the above victim around 11:00, entered into a way to repair the toilets by using the cres in which the victim is mixed, and brought the victim into a way to take the victim’s cres, and had sexual intercourse with the victim’s will and panty.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of difficulty to resist due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Recording records;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities (D) and medical certificates;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10259, Apr. 15, 2010); Article 8 of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (repealed by Article 2 of the Addenda to the Act on the Prevention of Sexual Violence and Protection, etc. of Victims thereof, Act No. 10261, Apr. 15, 2010); Article 297 of the Criminal Act (However, the upper limit of punishment shall be 15 years pursuant to Article 1(1) of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010)

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 repeated in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The Defendant is an initial offender who has no record of punishment, and the Defendant appears to have committed the instant crime under the influence of alcohol, and the Defendant appears not to have planned to commit the instant crime from the beginning. The Defendant agreed with the victim in consultation.