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 and the victim C (the age of 53) are the relationship in which the defendant and the victim did not know at all that they live in the next village, and the victim is a person with a mental disability of class 1 of disability.

Defendant,

1. On September 1, 2013, at the back of the body of the victim located in Boan-gun D, the victim sexual intercourses with the victim by drinking the victim with his/her mind to rape by using the fact that the victim had a mental disorder, making the victim off his/her clothes, let the victim get the victim off his/her clothes, let the victim get the victim off his/her clothes, and having sexual intercourse with him/her, taking advantage of his/her mental disorder, by putting him/her on the floor, and she has sexual intercourse with him/her.

2. At around 19:30 on October 13, 2013, at the victim’s house located in B, the victim had the victim drinked the victim to rape by using the gap in which the victim is married, and the victim stated that the victim was off the clothes, so the victim exceeded the clothes, and the victim was placed on the floor of the victim so that the victim has a sexual relationship with the victim, and the victim has sexual intercourse with the victim using the victim’s state of failing to resist due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements;

1. Photographss, certificates of persons with disabilities and medical certificates of persons with disabilities registered as victims;

1. Application of each written appraisal (No. 10, 15) statute;

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

1. From among concurrent crimes, the aggravated punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes with disabilities provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. with Disabilities) among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.