A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

The Defendant, from February 2014 to September 2014, 2014, was a person working as a human father at a Yeongdeungpo-gu C farm, and the victim D (V, 58 years of age) was a dead village water of the owner of the said farm, and is a person residing at the said farm.

The victim is not aware of his name and age as a disabled person of Grade 2 (Intelligent Index 40) with intellectual disability, and the defendant was aware of such intellectual disability of the victim, but the victim was able to have sexual intercourse with the victim by taking advantage of his mental disability or difficulty in resisting or resisting.

1. Around July 2014, the Defendant, at the Defendant’s accommodation located on the farm, demanded the victim to reconsume reimbursement of KRW 50,000,000, which was previously lent to the victim, and pressure the victim to pressure the victim, and thus the victim was not able to repay the amount accordingly.

Since the victim did not refuse the demand of the defendant due to the above mental disability, the defendant had sexual intercourse once with the victim.

2. Around July 2014, the Defendant, at the above farm, provided that the Defendant would offer kimchi value of 5,000 won from the victim to the Defendant’s lodging, and demanded a sex relationship again.

Since the victim did not refuse the demand of the defendant due to the above mental disability, the defendant had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim two times in total by taking advantage of the victim's mental disability such as to resist or to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Stenographic records or transcript;

1. Application of Acts and subordinate statutes to investigation reports (Evidence Nos. 15), internal investigation reports (Evidence List Nos. 4, 5, 6);

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc., concerning the relevant criminal facts and the choice of punishment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;