A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

The Defendant is a caregiver who operates a long-term care institution in Nam-gu, Gwangju, and performs duties such as visiting care while operating a long-term care institution. The Defendant is a person who sent a caregiver to the victim F who was disabled under long-term care class 5 under the Long-Term Care Insurance Act and the Long-Term Care Insurance Act from early September 201 and the victim F (V, 64 years old) who was determined as the first class of long-term care under the long-term care

On November 19, 201, at around 18:00, the Defendant: (a) visited the victim’s house in order to protect the victim’s medical care on the same day; (b) caused the victim’s sexual desire to leave the victim’s house to be placed on the bed; and (c) put his hand into the part of the victim’s clothes that cannot be properly classified due to sson’s bombs, etc.; and (d) had sexual intercourse once with the victim, disregarding the victim’s finger, and neglecting the victim’s clothes; and (e) sexual intercourse with the victim.

Accordingly, the defendant has sexual intercourse with the victim who has a physical or mental disability by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Statement made by the witness F in the out-of-court record on May 10, 2016;

1. Video CDs;

1. Each written opinion, and each disability diagnosis report;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, etc. of Certificate of Persons with Disabilities), investigation reports (Attachment, etc. of Medical Certificate);

1. Article 6(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012)

1. The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before order to complete a program (wholly amended by Act No. 11556, Dec. 18, 2012)

1. The proviso of Article 37(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) exempt from disclosure orders and notification orders.