A defendant shall be punished by imprisonment for not less than three years and six months.

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

Punishment of the crime

The Defendant is a person operating “D” in the substantial Gu of Cheongju-si, and the victim E (V, 40 years old) residing in the same village is a victim of intellectual disability of class 3 who is 69 years old in intelligence index 69 and 7 years old in society.

1. Special cases concerning the punishment, etc. of sexual crimes against the disabled;

A. On November 13, 2017, at around 13:00 to 14:00, the Defendant entered the victim’s room near the “D” into the victim’s room. After having opened the inner entrance, the Defendant laid the victim’s room with his hand, laid the knick, laid the victim out his panty, laid off the victim’s chest and panty, and laid the victim’s room on the victim’s body, and did not enter the victim’s sound part above the victim’s body because it did not hull the victim’s sexual organ and inserted it into the victim’s room.

As a result, the defendant attempted to have sexual intercourse with the victim by taking advantage of the state of difficulty in resistance due to mental disability, but did not bring about such intent.

B. On December 1, 2017, the Defendant entered the victim’s inner room near the above “D” around 13:00 to 14:00, and the Defendant did not enter the victim’s inner entrance by putting the inner entrance door back to the back and placing the hand into the victim’s inner room, taking the chest in charge, and continuing to put the victim’s inner part into the victim’s inner part in the same manner as the above (a).

As a result, the defendant attempted to have sexual intercourse with the victim by taking advantage of the state of difficulty in resistance due to mental disability, but did not bring about such intent.

2. On December 21, 2017, the Defendant: (a) around 13:30, at the above “D” room around December 21, 2017; and (b) at the time when he/she was sitting and covered with the victim, he/she laid his/her fingers into the part of the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of his mental disability that makes it difficult to resist.

Summary of Evidence

1. Statement by the defendant in court;

1.F.