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

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

The defendant is a relative of the victim C(M, 26 years old) who is a disabled person of the third degree in mental retardation, and is a relative of the victim and the fourth degree.

At around 16:00 on August 31, 2012, the Defendant, at the residence of the victim in Cheongyang-gun, Chungcheongnamyang-gun, Cheongyang-gun, led the victim who reported TV in the ward to a room, forced the victim to leave the room, and, as the victim fights against the Defendant’s arms with his body frighting, she called “at once”, she prevented the victim from putting the shoulder of the victim, she was sexually raped once by inserting the nit and panty of the victim.

As a result, the defendant raped the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement recorded in the video CD;

1. A certified copy of removed entries and a certificate of disability diagnosis;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 5 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 297 of the Criminal Act, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, Article 297 of the Criminal Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (a punishment imposed on any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment);

1. Selection of punishment and limited imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information under Article 41(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, such as a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.