A defendant shall be punished by imprisonment for two years.

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 sentenced to a suspended sentence of two years on October 29, 2008 at the Seoul Central District Court on October 21, 2008 for a violation of the Act on the Protection of Juveniles from Sexual Abuse, etc., and such sentence became final and conclusive on October 29, 2008.

A victim B (the second grade of the intellectual disability, the second grade of the 1980s) is a disabled person who is unable to exercise his/her right to sexual self-determination and needs social protection, with a profound degree of disability, with a significant recognition and verbal ability, and with a significant degree of sexual self-determination.

On October 18, 2005, the Defendant first met the victim B (e.g., female, intellectual disability Grade 2, 25 years of age) in the vicinity of the Materna City adjacent to the Materna City on October 18, 2005. However, the Defendant used that the victim was unable to resist due to extreme disability, thereby having sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Written statements of D;

1. Requests for appraisal, reports on genes and written appraisal;

1. Attachments such as disability certificates against victims, each accompanying document (No. 9 through 12) and copies of medical records;

1. Previouss before and after judgments: Application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgments, etc.) and attached judgments, criminal records, and references to criminal records;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (Act No. 10258, Apr. 15, 2010); Article 10 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims Thereof (Act No. 10258, Apr. 15, 2010), prior to the enactment of the Act on Special Cases concerning the Punishment, etc

The Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (hereinafter referred to as “former Act”).

Article 8, Article 297 of the Criminal Act (Provided, That the upper limit of the punishment is prior to its amendment by Act No. 10259 of April 15, 2010)

(a) The same shall apply;

(3) 15 years of imprisonment set forth in the main sentence of Article 42)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;