A defendant shall be punished by imprisonment for six years.

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

Punishment of the crime

Victim C(WW) is a person who has been judged as Grade II with a mental retardation disability, and is 44 with a total intelligence and with a social age of 7 years and 9 months with a intellectual disability with a mid-term increase of 7 years of age.

around 07:30 on May 14, 2016, the Defendant knew that the victim’s intellectual disability in the front of the “E” located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, had been aware of the fact that there was a lack of bitriness, judgment, and expression of intent, etc., and asked the victim for the name and telephone number of the victim to have sexual intercourse. On May 16, 2016, the Defendant was aware of the victim’s name and telephone number. The Defendant called the victim around 07:40 on May 16, 2016 and asked the victim to “E” and called the victim “E,” and offered the Defendant’s proposal to drink Kim Y, but the Defendant refused the request and set up the above vehicle at the victim’s house located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and then forced the victim to have sexual intercourse with the victim, and forced the victim to have sexual intercourse with the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Stenographic records and each video recorded CDs against the victim;

1. Each response to a request for appraisal;

1. 112 A list of reported cases;

1. A investigation report (with respect to the results of CCTV video data for the purpose of crime prevention and the next investigation);

1. A victim's welfare card and a register of records of the victim's life;

1. Application of Acts and subordinate statutes to written opinions of experts in sexual assault cases against children or persons with disabilities, and a psychological evaluation report;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an disclosure or notification order is given, and children and juveniles.