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.

Criminal facts

The Defendant is the boiler repair hole, and the victim B (the age of 27) was both the parents with disabilities and was the “special team” at an elementary school, and the former team was only three parts of the Gu team, and there was a problem with the victim’s intellectual ability during a short time.

On May 18, 2020, the Defendant received a boiler repair request from the victim on May 14:45, 2020, and visited the victim's residence in Daegu Suwon-gu C building, and became the victim.

The defendant found out the fact that the victim's intellectual ability has significantly fallen compared with the general public, and the victim stated that "I am mixed with that it has come without paying gas charges," and sexual intercourse with the victim's own hand, putting the victim's arms and belbs on the bed, putting the victim on the bed, putting the victim on the bed, and over the part of the victim, and satis off the victim's clothes, and putting the victim's resistance into sexual intercourse once.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Investigation report (including attached data), 12, 14 (including attached data), 21 (including attached data), 25 (including attached data), 29, 56, 58 (including attached data), 64 (including attached data), and 66 (including attached data);

1. Application of Acts and subordinate statutes to an intermediary report (Evidence No. 37);

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

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 notify, Article 49 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).