A defendant shall be punished by imprisonment for eight years.

The information on the accused shall be disclosed through an information and communications network for 10 years.

Criminal facts

On February 5, 2010, the Defendant and the requester for an attachment order (hereinafter “Defendant”) were sentenced to imprisonment with prison labor for a crime of indecent act by force at the Busan District Court on February 5, 2010 and completed the execution of the sentence on April 10, 201.

【Criminal Facts】

1. On March 21, 2014, at around 15:00, the Defendant discovered the victim E (the age of 24) who was a first-class disabled person (i.e., self-harm disorder) while flying the D market located in the Dong-gu Busan Metropolitan City, and was committed with the intent of kidnapping the victim with his house by taking advantage of the victim’s disability.

Accordingly, at around 16:00 on the same day, the Defendant took the victim in a “F” restaurant located in the same market, and made the victim drink to the extent that the victim would be able to do so, thereby allowing the victim to resist.

Then, around 17:00 on March 21, 2014, the Defendant: (a) was a class 1 victim with a self-defluence disorder near the above restaurant; (b) was unable to do so without any other person’s help; (c) was unable to do so by having the Defendant drink the alcohol; (d) 18:00 on the same day, the Defendant went back the victim to the Defendant’s residence in Seo-gu Busan, Seo-gu G, Busan, 202.

Accordingly, the defendant kidnapped the victim for the purpose of indecent act.

2. On March 21, 2014, from around 18:00 to 20:00 on the same day, the Defendant: (a) in the dwelling of the Defendant, from around 18:00 to around 20:00, he forced the Defendant to be exempted from the clothes of the victim who is in a state of failing to resist due to disability and drinking, as described in the foregoing paragraph (1); (b) putting the victim’s sexual organ into the drafting; (c) putting the victim’s sexual organ into the victim’s resistance; (d) putting the victim’s finger into the victim’s resistance; and (e) inserted the Defendant’s sexual organ into the victim’s resistance.

As a result, the Defendant committed an act of inserting sexual organ into the body of a victim with a physical or mental disability due to assault or intimidation, such as mouth or anus.

[Judgment of the court below]