A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

The defendant was aware of the fact that the victim C (the age of 29) residing in the same village is a Grade I mentally handicapped person with the mental retardation disability, and used it to have sexual intercourse with the victim.

1. On January 2010, the Defendant accessed the victim, who was travelling along the way in front of the Defendant’s residence, and led the victim to the inside and outside of the Defendant’s residence, thereby inducing the victim to the inside and outside of the Defendant’s residence. On the other hand, the Defendant exceeded the clothes of the victim, placed the victim out of the bed of the bed of the victim, and sexual intercourse with the victim by taking the victim into consideration once.

2. On January 2010, the Defendant accessed the victim, who was travelling on the way in front of the Defendant’s residence, and led the victim to be in front of the Defendant’s residence, with refacing “Ising, bad, and unfolded,” and led the victim to be in front of the Defendant’s residence, and was off off the clothes of the victim, and laid off the victim from the bed, and attempted to have sexual intercourse with the victim once with the victim, but failed to have sexual intercourse.

3. On January 2010, the Defendant accessed the victim, who was travelling on the way in front of the Defendant’s residence, and led the victim to be in front of the Defendant’s residence, with refacing “Ising, bad, and unfolded,” and led the victim to be in front of the Defendant’s residence, and was off off the clothes of the victim, and laid off the victim from the bed, and attempted to have sexual intercourse with the victim once with the victim, but failed to have sexual intercourse.

Accordingly, the defendant had sexual intercourse with the victim with mental disability by taking advantage of the state of mental disorder or impossibility to resist, and attempted to have sexual intercourse with the victim twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C's statement recorded in the video CD of the prosecutor C;

1. An investigation report (the response toF hospitalization records of the victim's mother) and an investigation report (the fact of confinement and inquiry of suspects G);

1. A written opinion of experts on each sexual assault case and a written report on the psychological evaluation of victims;

1. Persons with disabilities;