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

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

Punishment of the crime

The defendant was aware that the victim D (the 16th, the 2nd, the 2nd, the 2nd, the 16th, the 2nd) who is a father of his cohabiting female C, has weak ability to discern things due to intellectual disorder, and had the ability to decide whether to sexual intercourse by using

1. On July 14, 2013, the Defendant had sexual intercourse with a juvenile with disability by putting the victim’s clothes and clothes off at the inside of the Defendant’s house in Jung-gu in Seoul, Jung-gu, Seoul, off at one time, while the victim and girine television, and putting the victim’s clothes and clothes into the part of the victim’s sound, and inserting the Defendant’s sexual organ into the part of the victim’s sound.

2. On November 16, 2013, the Defendant: (a) was sexual intercourse with a juvenile with a disability by putting off the victim’s clothes and clothes from the victim’s clothes at once, among the girs television, at the victim’s inside room around November 16, 2013; and (b) putting the Defendant’s sexual organ into the victim’s negative part; and (c) inserting the Defendant’s sexual organ into the victim’s negative part, thereby having sexual intercourse with the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records of the police against D;

1. Investigation report (related to response to a victim's psychological assessment report);

1. Certificate of the disabled;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against the relevant criminal facts;

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

1. The main sentence of Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 45 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Each crime of the holding [decision of a type] group of sex crimes, general standards, sex offenses against persons with disabilities (at least 13 years of age), offenses against persons with disabilities (at least 13 years of age), constructively / indecent acts by compulsion (type 2) (Scope of recommending punishment] imprisonment with prison labor for 2 years and 6 months to 5 years (basic area)

B. Imprisonment with prison labor for 2 years and 6 months to 7 years and 6 months;

3. Determination of sentence: Imprisonment and this case in the period of three years and six months; and