A defendant shall be punished by imprisonment for ten years.

The defendant shall complete a sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant knew that he was unable to properly exercise his right to sexual self-determination by using his knowledge that he was unable to exercise his right to sexual intercourse with the victim's home, such as being aware of the victim's intellectual disability, being restricted in recognition, judgment, and thinking ability, and failing to determine what circumstances the victim was located. The defendant knew that he was unable to exercise his right to sexual self-determination, by using his awareness that he was sexual intercourse with the victim's father, D, his father, who is his father of the victim C [M 24 years of age, intellectual disability 2 grade , intelligence index 45, I Q 45], and E, which is his father's aftermath of the Korean War.

1. On January 2013, the Defendant, at a stable near the victim’s house located in Yangyang-gun, Yangyang-gun, she was in sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s body and inserting panty into the part of the other victim’s sexual organ.

2. On January 2013, the Defendant: (a) went off the victim’s fright and panty in livestock pens near the victim’s house, as described in paragraph (1) of the same Article; and (b) had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the other victim’s sexual organ located above the victim’s body.

3. Around January 2014, the Defendant: (a) exceeded the victim’s panty and panty in a stable near the victim’s house; and (b) inserted the Defendant’s sexual organ into the sound part of another victim’s body; and (c) had sexual intercourse once by inserting the Defendant’s sexual organ into the victim’s body.

Accordingly, the defendant has sexual intercourse with the victim three times in total by taking advantage of the victim's mental disability that he is unable to resist or resist.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement recorded in the video CD;

1. A written opinion of an expert on sexual assault against persons with disabilities (C);

1. Each report on investigation;

1. Certificates of persons with disabilities and the table of requests for appraisal (2014-M-15147);

1. On-site photographs - Application of the appearance of A, on-site photographs, and vehicle photographs statutes;

1. Relevant provisions concerning the crimes and the punishment, etc. of each sexual crime selected;