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

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

Punishment of the crime

On February 2, 2012, around 23:00 as of the end of 23:0, the Defendant: (a) held the Defendant’s house located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, C apartment 102, 601; (b) held the Defendant’s house at the home with social age (SA) 8 years old; and (c) held the Defendant’s early protection of the Defendant’s kys D (nivers, 19 years old) with social well-being40 mental disorder; and (d) caused the Defendant’s desire to report the television accumulated in the room and reported the television on the room, thereby gathering the Defendant’s finger by placing the victim’s finger on the part of the victim; (c) the victim’s finger and refused to stop the Defendant’s hand; (d) the victim’s chest was her chest, and (e) took the victim’s chest again, and was the victim’s boom.

The Defendant, while putting at a resistance to keep the Defendant off, had the victim “Ima” from standing, “Imama,” and had sexual intercourse once with the victim’s sexual organ inserted into the victim’s sound knee, knee, knee, knee, knee, and knee.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement video recorded with D;

1. Each description of the complaint and the investigative report (with respect to the details of the investigation of the victim);

1. Application of the respective Acts and subordinate statutes to the statements in the investigation report of victims and the statement of counseling to children: 1.D, the psychological evaluation report and the diagnosis report of E Hospital;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Personal information provided for in the main sentence of Article 16(2) and the main sentence of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall not be disclosed as one of the grounds for exception to disclosure orders and notification orders, in the proviso of Articles 37(1) and 41(1) of the Act on Special Cases concerning the Punishment, etc.