A defendant shall be punished by imprisonment for seven years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

1. On August 6, 2018, the Defendant was aware of the fact that the victim C (the name, the 22-year age), and the victim’s severe D were found in the vicinity of the public toilets in front of the public toilets in Young-si B market on August 6, 2018, and that the victim was unable to properly speak in his short head, and thus, the Defendant was able to have sexual intercourse with the victim by taking advantage of the victim’s disability in order to have the victim engage in sexual intercourse with the victim by taking advantage of the victim’s disability.

하면서 B 시장에 있는 E 식당에 데리고 간 다음 D과 소주 3 병을 나누어 마시고, 같은 날 10:50 경 술에 취한 D을 공영 주차장 부근에 불상의 방법으로 떼어놓은 후 피해자의 손목을 붙잡고 피해자에게 “ 쭉쭉 걸어 ”라고 요구하여 피해자를 피고인이 거주하는 통영시 F 여관 G 호에 유인하였다.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of the disabled) committed sexual intercourse by putting the victim out of all the clothes of the victim, putting him/her on the bend, lying him/her on the bend, and inserting the Defendant’s sexual organ into the bend, using the fact that the victimized person cannot resist the Defendant due to any mental disability, from around 11:00 to around 13:20 on the same day as described in the above paragraph (1).

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's resistance impossible condition due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. Part of the statement made by the police against the defendant;

1. A H statement;

1. Stenographic records;

1. The statement of the victim recorded in video recording CDs;

1. Arrest reports on the occurrence of sexual assault victims, investigation reports (investigation into the intellectual capabilities of victims, etc.), investigation reports (Attachment of photographs), and internal investigation reports (victims);