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

The defendant's registered information is registered through an information and communications network for four years.

Punishment of the crime

The Defendant was a foreigner of Sri Lankan nationality, and the victim D (L, 28 years of age) was friendly or mixed while coming from the Busan Sho-gu C’s Mar. 1, 201, and the victim was aware that the victim was her intellectually disabled person 2 level 2, and that the victim was her intellectual disability by engaging in his/her conduct well-knownly, unlike normal persons, and was willing to have sexual intercourse by inducing the victim to his/her own house.

At around 19:00 on January 21, 2012, the Defendant discovered that the victim is married, and the victim was able to have a sexual intercourse with the victim. On the other hand, at around 19:00, the Defendant saw that the victim would be married, “I would like to pay the victim money, such as a fluor, in our house.” On the other hand, the Defendant went to the victim from 10 Dong-dong 301, Busan, the domicile of the Defendant who fluored with the victim.

From 00:00 on January 22, 2012 to 10:45 on the same day, the Defendant, from around 00:00 to around 10:05 on the same day, was exempted from all clothes of the Defendant when demanding a sexual intercourse by shouldering the victim who was diving, and the victim was in return for money. The victim was off his clothes according to the Defendant’s mind, she was exempted from the victim’s booming of his/her clothes, carried the victim’s view and scam, carried the victim’s scam and scambling, carried his/her chest and scam, and delivered 3,00 won to the victim in the same manner, such as sexual intercourse, by inserting the Defendant’s sexual organ into the part of his/her chest and scam.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability through fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

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

1. The written statement by the prosecutor and the video CDs with respect to D;

1. A prosecutorial report (report on confirmation of the status of a victim);

1. Application of Acts and subordinate statutes governing recording recording of the police statements made D;

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. Discretionary mitigation Criminal Act;