A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

The Defendant became aware of the fact that the victim was unable to have intellectual ability due to mental disability by dividing the dialogue with C's grandchildren victim D (one life, two-four years of age, intellectual disability 2) who had been hospitalized in B Hospital and hospitalized in the same hospital on September 2019.

around 10:00 on October 26, 2019, the Defendant knew at B Hospital that the victim was married in his/her residence, and tried to rape the victim by finding out his/her residence.

피고인은 2019. 10. 26. 11:00경 피고인의 E 코란도 승용차를 타고 전라북도 고창군 F에 있는 피해자의 주거지에 찾아간 후, 개 짖는 소리를 듣고 밖으로 나온 피해자에게 할 말이 있으니 피고인의 차량에 타라고 말하여 피해자가 피고인이 타고 있던 차량의 조수석 뒷자리에 탑승하자 갑자기 피해자의 고무줄 바지를 밑으로 내려 벗기고, 이에 피해자가 바지를 끌어올리면서 저항하자 다시 피해자의 바지를 피해자의 무릎 위까지 내린 후 피해자 손목을 잡아 강제로 피해자의 손을 피고인의 성기에 3회 가량 가져다 댔다.

The defendant continuously expressed his intention of refusal, and had sexual intercourse once by putting the victim's bridge into the defendant's seat on the victim's hand with the defect about to be pushed by the defendant, forcing the victim to sit, and inserting his sexual organ into the victim's sound.

Accordingly, the defendant raped the victim with mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of each police with regard to D;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of victim D's green picture attachment, victim's disability, family relation verification, nurse G telephone conversations, expert opinion of sexual assault case against disabled persons);

1. Relevant provisions of the Act on Criminal Crimes and special cases concerning the punishment, etc. of sexual crimes selected for punishment;