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

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

Punishment of the crime

On October 2019, the Defendant became aware of the Victim B (V, 37 years old, intellectual disability 3 level) through the introduction of a police officer in early 2019.

At around 11:30 on November 10, 2019, the Defendant sought a sexual relation from the victim in Gwangjin-gu Seoul Special Metropolitan City “D Burial,” and tried to put the victim out of the victim’s body and to put the victim out of the victim’s body, and to put the victim out of the victim’s body, and to put the victim into the part of the sound of another victim’s body. The Defendant tried to put the victim into the part of the sound of another victim’s body.

The defendant continued to move the body of the victim on either side or side, and the chest of the defendant was pushed down and resistanceed by the second hand, and the victim saw the victim to take a bath, and prevents the victim from driving with both arms, and then inserting the sexual organ into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Statement of the defendant in the first trial protocol prepared by the defendant in the court room;

1. A report on the investigation of stenographic records with respect to the victim B (CCTV verification);

1. Application of Acts and subordinate statutes on welfare cards;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) main text of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 47(1) and Article 49(1) of the former Child and Juvenile Sex Protection Act (Amended by Act No. 16622, Nov. 26, 2019); the proviso to Article 49(1) and Article 50(1) [the developments leading to the instant crime, the relationship between the Defendant and the victim, the age of the Defendant, the sexual conduct, the environment, the criminal record (criminal record).