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

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 is a person who resides in the same village as the victim D (M, E) with intellectual disability 3 residing in the village at the time of committing the following crimes.

1. At early 10:30 on July 2008, the Defendant, at the bus stops located in the above C village, sent the victim to “I son, I son, I son, I son, I son, I son, I son, I son, and then, at around 10:30, the Defendant, at the bus stops, sent the victim to the unclaimed room of Gmotour, who is near F when I am on the bus at the bus stops, and, at around 10:30, took the victim back to the unclaimed room of Gmotour, I am off the victim’s clothes by taking advantage of his mental disorder, and raped the victim by having sexual intercourse once.

2. On October 10, 2008, the Defendant: (a) 10:30, supra, she met the victim at the bus stops; (b) taken a bus as above; and (c) took off the victim from the said Gel with the said Gel in the same manner; and (d) took off the victim’s clothes in the same manner; and (b) took sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Records of the record of video recording of D;

1. An expert opinion on sexual assault against children with disabilities;

1. Notification of the result of statement analysis;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, such as copies of welfare cards for persons with disabilities, attach copies of life records of victims D, attach photographs of suspects A at the scene of crimes, attach copies of certificates of persons with disabilities of victims D, and apply to specific date and time of crimes);

1. Article 8 of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (amended by Act No. 10258, Apr. 15, 2010; hereinafter “former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof”); Article 297 of the Criminal Act (However, the upper limit of punishment shall be 15 years of imprisonment prescribed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.