A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

The Defendant, under the trade name of “C,” was a person engaged in the long-term care service business for the elderly, and the victim D (in this case, 55 years old, 3 years old, and 5 years old) who was suffering from the expenses of the baby at the time of early childhood and was suffering from dementia due to the cerebral cerebral disease, was able to receive long-term care rating.

On July 11, 2013, around 11:30, the Defendant found at the victim's house located in Daegu-gu Seo-gu Franchise E under the pretext of checking the work status, patient status, etc. of caregiver, and was off the victim's clothes at the victim's house.

Accordingly, the victim expressed his intention to refuse, “Ara, I am ambling, I ambling, I ambling, I ambao, I ambao, I ambao,” and even though I amba, I amba, I amba, I amba, I amba, I amba, I am amba, I amba, I am amba, I am amba, I am amba, I amba, and

Accordingly, the defendant raped a person with a physical or mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Recording notes, video recording CDs;

1. An expert opinion;

1. A report on investigation, a report on internal investigation, and an explanatory note;

1. Family relation certificate, medical certificate, business registration certificate, etc.;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article on the facts constituting an offense, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 297 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The accused is subject to criminal punishment under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, 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.