A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

1. On March 2017, the Defendant: (a) was a second degree of intellectual disability in Bupyeong-si C with the developmental age of 6 years and 10 months; (b) had the ability to determine due to this mental disability; (c) had been deteriorated due to this mental disability; and (d) had the ability to reflect that resistance appears to be difficult; (d) had sexual intercourse with the victim with the Defendant’s house located in Seocheon-si E apartment No. 1204, 103, 1204, and inserted the Defendant’s sexual organ into the victim’s negative part.

2. On October 22, 2017, the Defendant exceeded the clothes of the victim in the same manner as the body of the above Defendant, and inserted the Defendant’s sexual organ into the body of the victim.

Accordingly, the defendant has sexual intercourse twice with the victim by taking advantage of the victim's mental disability that he has difficulty in resisting or resisting.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each statement made by the victim in each video CD;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities, copies of welfare cards, and reports on psychological evaluation;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 297 of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of the Defendant’s age, environment, social ties, the risk of repeating a crime (no record of a sex offense) and the benefits expected by an order of disclosure notification, and the adverse effects and side effects thereof, the Defendant’s personal information is subject to consideration, taking into account Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure notification, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse.