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

To the defendant, the defendant shall complete the sexual assault treatment program for 80 hours.

Criminal facts

The defendant is the disabled in the third degree of intellectual disability, and the victim is the disabled in the second degree of intellectual disability.

From October 2017 to November 00, the Defendant: (a) reported the victim who was locked in the right side at the residence of the victim D (M, 22 years of age, intellectual disability 2 level) located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and (b) had sexual intercourse with the victim around 06:0 to 07:00.

The Defendant was off of the clothes of the victim who was divinged, and the victim was shouldered by the locked, and the body of the Defendant was pushed off by the locked, but forced off the victim’s name and the broke, prevented the victim from resisting, and then sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with a victim who has a mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The statements and stenographic records made by the victim in the time of video recording (No. 5 times a year);

1. Application of Acts and subordinate statutes to report on investigation (Attachment to certificates of victim disabled persons);

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 to mitigate small amount;

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. Determination on the assertion of the accused and the defense counsel in the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Employment in Institutions, etc. related to children and juveniles

1. The Defendant, at the time of committing the instant crime, failed to have the ability to discern things or make decisions due to class 3 intellectual disorder.

2. In light of the background, means, and method of the instant crime, the Defendant’s behavior before and after the instant crime, the circumstances after the instant crime, and the details of the Defendant’s statement at an investigative agency as to the instant crime, which may be revealed by the evidence revealed prior to the judgment, the things are given due to Grade 3 intellectual disability at the time of the instant