A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 6, 2016, the Defendant had sexual intercourse once with the victim E (Woo, 34 years old, intellectual disability 2 level) who had resided in the D Park in Ulsan-gu, Ulsan-gu, Ulsan-gu, and had known that he had been living in the same donge while living in the same donge, but was unable to move.

After all, the defendant, by force, has sexual intercourse with the disabled victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of statements made to E;

1. Each investigation report (attaching an expert's written opinion, attaching a certificate of damage counseling, attaching on-site photographs);

1. Expert opinion, confirmation of damage counsel, application of Acts and subordinate statutes to photographs;

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

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 a notification order, 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 (the Defendant has no record of criminal punishment for a sexual crime of the same kind in the past; the sexual crime of the same case is not a crime against many unspecified persons; the registration of personal information ordered by this court; and taking lectures of sexual assault treatment can prevent the Defendant from repeating the crime to a certain extent only;

The Defendant’s age, family environment, social relation, occupation, background and result of the instant crime, including the appearance of the Defendant, etc., the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order of this case, and the prevention of sexual crimes that may be achieved therefrom.