A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On June 2015, the Defendant came to know with the victim C (V, 14 years of age) who is a disabled person of Grade II with intellectual disability through Internet hosting.

On June 10, 2015, from around 21:30 to 22:00 on June 10, 2015, the Defendant: (a) opened a victim on a route near the residence of the victim located in the jurisdiction of Suwon-si; and (b) operated by the Defendant.

D By moving to the F Park parking lot in the same Gu E as a car of ASEAN, the park was drawn up with the victim and the dialogue was divided within the vehicle.

Despite the fact that the Defendant was aware that the victim was a person with severe decentralization compared to the non-disabled person in the course of conducting Internet hosting, telephone conversations, and direct dialogue with the victim, the Defendant: (a) was able to enter the victim's entrance on the top of the above vehicle; (b) was able to have his or her chest and drinking fright; and (c) made the victim prompt with his or her own sexual organ; and (d) laid down the victim's body on the back seat of the vehicle and inserted his or her sexual organ into the sound part.

Accordingly, the defendant has sexual intercourse with a child or juvenile who lacks the ability to discern things or make decisions due to a mental disorder.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A video CD recorded by the victim;

1. A photograph of the contents of a Messenger conversation;

1. A certificate of a disabled person, a certificate of a disability, and a report on psychological evaluation of the victim [the defendant and his defense counsel are aware that the victim was somewhat well-known compared to the non-disabled person, and that the defendant was not aware that the victim was considerably well-known;

The argument is asserted.

According to the results, the disabled's certificate, disability diagnosis certificate, and psychological assessment report for the victim, the victim's intelligence index is less than 31, the social age is 5.6, and the social maturity index is 30-40, and it is a child or juvenile with a disability of class 2, who is a disability of class 2, and has been developed more than now.