A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On July 25, 2016, the Defendant, at around 02:00 on July 25, 2016, performed alcohol with male-gu E of the above victim and the victim, who was a second degree disabled person of intellectual disability D (n, 22 years of age) in Daejeon-gu, Daejeon-gu.

The Defendant, at around 03:30 on the same day, sphere and chest part of the victim who is divingd, and the victim sphere and sphere from diving to sphere, and sphere and sphere into sphere, and had the victim sphere off and sphere into sphere, and had the victim sphere and sphere sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the disabled victim by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (D, E) of each police station;

1. Response to a request for appraisal;

1. A certificate for disabled persons;

1. Application of Acts and subordinate statutes to field photographs and cellular phone pictures;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse [the first offender who has no record of criminal punishment against the Defendant, and the Defendant’s age, occupation, family environment, social relationship, etc. recognized on the record can be seen as having the effect of preventing re-offending even with the registration of personal information of the Defendant and attending lectures to treat sexual assault;

In full view of the fact that there are special circumstances in which the disclosure of personal information of the defendant should not be disclosed.

[Judgment] Grounds for sentencing

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. Sentencing Criteria: Disabled persons (13 years old).