A defendant shall be punished by imprisonment for two years.

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 employed victims D (V, 48 years old) with intellectual disability 3 years prior to the three years ago as a person engaged in agriculture, and became aware of the fact that the defendant was a intellectual disability to the victim while allowing the victim to work for farming.

The Defendant, around 16:00 on February 5, 2017, employed the victim at the Defendant’s house located in the Southern Navy E, Namnam-gun, in order to work as a farmer and to enter the Defendant’s house at a locking city, and was fast, had the victim take charge of his her scambling and to have sexual intercourse with the victim by having the victim take charge of scaming, and forced the victim to have sexual intercourse with scam and panty of the victim. However, the Defendant attempted to put his scam in the victim’s sexual organ during the victim’s sexual organ, but did not go against the victim’s scambling and resisting the victim’s scambling.

Accordingly, the defendant attempted to have sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The statements made by D in the statement recorded CDs and stenographic records thereof;

1. Application of Acts and subordinate statutes to welfare cards, certificates of persons with disabilities (D), and medical certificates of persons with disabilities;

1. Articles 15 and 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (an order to disclose or notify the registered information may have a significant impact on the defendant, and thus, it is necessary to pay careful attention.

However, this case.