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A defendant shall be punished by imprisonment for six years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
(e).
Reasons
Punishment of the crime
At around 16:20 on July 30, 2017, the Defendant found the victim D (Woo, 44 years of age) at the house located in Yong-gun, Namnam-gun, Namnam-gun, and found the victim's own son and the disabled, with reflects, including the right arms and legs, who are 1st degree of intellectual disability with difficulty in driving, operated Handphones on the floor of the above house so that the victim can be raped, and the victim's appearance E, who is the guardian of the victim, expressed his intention to refuse to see the victim's body, and led the victim's son to the victim's son's son's son and son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's k's son.
Accordingly, the Defendant raped the victim with a physical or mental disability as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to D;
1. A statement made by a victim or stenographic record in a video CD recorded in the victim's statement (100 pages of investigation records);
1. Each police statement made to E and F;
1. Arrest report and investigation report of occurrence of a case (15 pages of investigation records);
1. On-site reports on the results of meals;
1. A gene appraisal report;
1. A copy of the victim's welfare card and a certificate of disabled persons;
1. Application of Acts and subordinate statutes on scene of crime;
1. Relevant Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act;
1. Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 201).