A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

1. The Defendant: (a) was living in an apartment complex, such as the victim C(W, 40 years old) with intellectual disability 2; and (b) was accompanying the same gender; and (c) was aware that the victim was significantly undermining intellectual ability and awareness of the situation; and (d) was willing to have sexual intercourse with the victim by inducing the victim to engage in sexual intercourse.

At around 14:50 on June 21, 2014, the Defendant discovered the victim who was seated in the D apartment 304, Chuncheon-si, Chuncheon-si, 304, and accessed the victim, and led the victim to the house of the Defendant with the above apartment 304-dong 1205.

Accordingly, the defendant inducedd the victim for the purpose of sexual intercourse.

2. 성폭력범죄의처벌등에관한특례법위반(장애인강간) 피고인은 2014. 6. 21. 15:00경 제1항 기재와 같은 피고인의 집에서, 위 피해자에게 “안마를 해 주겠다.”고 하면서 양손으로 피해자의 오른쪽 팔목 부위를 세게 잡아 눌러 피해자를 항거 불능케 한 다음 피해자를 바닥에 눕힌 후 피해자가 착용하고 있던 티셔츠와 브래지어를 가슴 위쪽으로 올려 입으로 피해자의 유두를 빨고, 계속하여 강제로 피해자의 바지와 속옷을 벗긴 후 입으로 피해자의 음부를 핥은 다음 피해자를 강간하려고 하였으나, 피해자로부터 “나, 우리 아빠한테 혼나. 아빠한테 이를 거야.”라는 말을 듣자 피해자의 부에게 발각될 것이 두려워 그 뜻을 이루지 못하고 미수에 그쳤다.

Accordingly, the defendant tried to rape a victim with mental disability, and the defendant attempted to commit rape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (limited to specific cases of damage, CCTV investigation, attachment of photographs, such as the site of the incident, medical certificate of the victim and results of mental analysis, and reply to requests for appraisal with the State and a water examination);

1. The Gangwon-do women.