A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On December 2010, the Defendant became aware of the Victim D(W, 14 years old) of a cadastral disability Grade 3 who was hospitalized in the same sick and sick ward while hospitalized in C Hospital Mental Disease Zone with the “Ex Post Facto stress disorder”, which is a traffic accident aftermath of the traffic accident.

On December 25, 2010, the Defendant: (a) 205, “Felher” located in Daegu-gu, Dong-gu, Daegu-gu, was off from the victim’s panty and panty; (b) kid the victim, kiding the body above her body, and did not reach 14 years of age; and (c) fell under class 3 of the intellectual disability and fell under class 3 of the intellectual disability, and was raped once by having sexual intercourse the victim in a state of non-performance due to mental disorder

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses D in the fourth trial records;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement made to D, G, and H;

1. Each investigation report (with respect to the records of nursing the victim and the suspect, relative investigation into nurses of the C Hospital, obtaining data related to the victim's abuse, attaching the victim's complaint, a copy of the welfare card for the disabled, and attaching the victim's spirit and opinion) shall apply to the records of the victim and the suspect;

1. Article 6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Article 297 of the Criminal Act concerning criminal facts

1. Article 62 (1) of the Criminal Act (Reasons for Suspension of Execution among the reasons for sentencing below);

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 201); Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the Defendant and his/her defense counsel’s assertion under Article 38(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse

1. The defendant and his defense counsel are ① The defendant thought that the victim was a minor who does not have any early metal at the time of committing the crime, and there is a mental disability.