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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was suffering from depression due to euthanasia's mental illness in C (n, 31 years of age), her wife's suicide, etc. while suffering from euthanasia, and her was forced to undergo euthanasia's diagnosis. On December 24, 2015, the Defendant tried to have sexual intercourse with the victim who was a third-class mentally disabled person by drinking alcohol at the Defendant's home located in D at the latest low time, drinking alcohol at the Defendant's home in Yangju-si, and returning home to the victim, who was a third-class mentally disabled person, to report sexual intercourse with the victim.

Therefore, the victim's refusal to do so, and the defendant's death is caused by brush, so that he can be found to be dead.

At this time, Natur, Natur, I will see the Natman Matle.

말 안 들으면 가만 안 있겠다’ 고 윽박지르며 피해자의 양손을 벌을 서듯 들게 한 다음 옷을 벗긴 후 피해자의 가슴과 음부를 만지고, 피해자로 하여금 피고인의 성기를 빨게 한 다음 피해자를 간음하려 다가 뒤늦게 정신을 차리고 중지함으로써, 위력으로 정신적 장애가 있는 피해자를 간음하려 다가 미수에 그쳤다.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. The application of statutes to stenographic records, copies of welfare cards, and medical certificates in the integrated support center for victims of sexual assault;

1. Articles 15 and 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 26 and 55 (1) 3 of the Criminal Act, which provide for statutory mitigation (unauthorized suspension);

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds for sentencing shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Order to attend a course;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s history of sex offense).