A defendant shall be punished by imprisonment for three years.

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

(e).

Punishment of the crime

Victims (n, 24 years old) are persons with disabilities of grade 2 with intellectual disability.

Defendant

In addition, the person who requested the attachment order (hereinafter referred to as the "defendant") had sexual intercourse with the victim by taking advantage of the fact that the victim was unable to refuse another person's speech due to intellectual disorder while coming to and going from the victim's house with a human relationship with the victim.

On January 26, 2017, the Defendant found the victim's house located at A.M. B at Andong-si at A.M., left the victim's house to be detained, and then asked to move the victim to a place in an infinite situation and move the victim to another place.

The defendant's sexual organ was inserted into the part of the victim's sound while the victim's clothes that the victim refused were "lick, Chewing".

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

Summary of Evidence

1. Each legal statement of C, D, E, F, and G;

1. One video CD in relation to the victim;

1. The image of the injured party's sexual intercourse;

1. Notice of the results of statement analysis and statement analysis opinion of victims;

1. The attendance book for one month;

1. Application of statutes on copies of certificates of disabled persons;

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. 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 main sentence of Article 16 (2) of the Act on 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 Exempted from an order to disclose or a notification order, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for a sex offense and thus is at risk of recidivism or recidivism of sexual assault due to the lack of record of punishment for a sex offense;

It is difficult to conclude that the defendant has an effect to prevent recidivism to a certain extent only with the sentence of imprisonment, registration of personal information, and orders to complete sexual assault treatment programs.

8.2.2