A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

(e).

Punishment of the crime

Around July 21, 2014, the Defendant: (a) inducedd the victim C (here, 20 years of age) with intellectual disability 2 to “I wish to go home, so I would like to go home” on the Internet; and (b) led the victim to “I would like to go home while I would go home” on the Internet; and (c) led the victim to come home prior to the exit of D E 1 located in Busan Northern-gu, Busan around the 22th day of the same month.

The Defendant, a intellectually disabled person, told the victim, “I must drink alcohol as soon as possible, I do so at present at the furite, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am to do so at the above in the above infurite room, and when the victim refused this, I am sexual intercourse with the victim five times in that place.”

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's state of impossibility to resist due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. stenographic records (the defendant asserts that the victim has sexual intercourse three times, different from the statement made by the victim, but the victim has credibility in the statement given that the frequency of sexual intercourse is at least five times and the situation, etc. at the time of sexual intercourse is specifically described, its credibility is recognized, and the frequency of sexual intercourse in this case is recognized five times by the statement made by the victim);

1. Application of investigation reports (video recording of the victim C, 20 years old, and Grade II intellectual disability), investigation reports (Re-verification ofCCTV and the date of committing the crime), investigation reports (Attachment to the victim's disability diagnosis report, etc.) and Acts and subordinate statutes;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.