A defendant shall be punished by imprisonment for six years.

Punishment of the crime

The defendant knew that the victim B (the age of 18) with intellectual disability 2 falls considerably compared to that of the general public, and used it to have sexual intercourse with the victim.

On June 7, 2018, from around 17:14 to 17:16 on the same day, the Defendant: (a) sent the victim to his house in front of the Yansan-gu Seoul apartment complex C Dong in front of the previous week; and (b) brought the victim to his house.

At around 17:20 on the same day, the defendant provided the victim with the portrait head to the above apartment E, which is the defendant's residence, and took off the victim's clothes, added his sexual organ to the victim's sound book, and had sexual intercourse with the victim.

On June 19, 2018, the Defendant, at around 17:30 on June 19, 2018, went off the victim’s clothes and went off the victim’s sexual organ, and sexual intercourse with the victim by inserting the victim’s sexual organ into the negative part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of his mental disability that the victim has difficulty in resisting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Stenographic records;

1. Each investigation report (in relation to expert opinion on analysis of statements on damage, partial revision of facts constituting a crime, and examination of victim's disability);

1. Each report on internal investigation (related to confirmation at the scene of the crime, specific relation to the person suspected of being suspected, attachment of victim B disabled certificates, etc., and special teachers' currency at the school of the victim);

1. Application of each CCTV image statute;

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 proviso of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program (the defendant will implement an order to complete a program normally with the age of 84 years or to complete a program.