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

The defendant is a disabled person of Grade II with mental retardation, who is aware of the victim C(49 years of age) who is a disabled person of Grade III with mental disorder and in the peace.

1. Around 23:00 on January 29, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similar nature of the disabled) met the victim’s sexual organ, extending up his/her own hand from the hospital 536 in the hospital of the Banananananan-gun (536), which was located in the 65 Yananan-gun-gun, Naman-gunan-gunon-gun, the Defendant laid down his/her sexual organ into the victim’s resistance even though he/she did not have the victim’s hand, and laid off his/her bodily organ into the victim’s anus.

Accordingly, the defendant raped the victim with mental disability.

2. Around February 16, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) met with the victim’s sexual organ who sits in a cross-faceled with a sudden hand, and continued to spread the victim’s hand while the victim does not leave.

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statements recorded in the video CD (the contents of the statement are consistent and specific, and there is no inconsistency with other evidence, thus its credibility is recognized);

1. Investigation report (matters to be confirmed by type of disability, etc. of suspects and victims);

1. Application of the Acts and subordinate statutes to the victim's hospital admission and discharge certificate, doctor's opinion, nursing record book, suspect A's disability diagnosis certificate, victim's disability grade decision, victim's disability grade opinion, medical opinion opinion, and nursing day;

1. Article 6(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, and imprisonment with labor by compulsion of persons with disabilities.