A defendant shall be punished by imprisonment for eight years.

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

Criminal facts

The defendant is a dead-degree father of the victim C.

The victim is a disabled person of Grade 2 of intellectual disability (intelligent index less than 45, age 5, 4 months as a result of non-language intelligence testing), and has considerable difficulty in logical and concrete speaking his/her experience due to a defect in intellectual ability, and in dialogue, there is a lack of ability to respond or refuse the victim's request clearly after the victim has become aware of his/her ability and expression ability, such as the use of a short answer form, including implied or oriental words.

Moreover, the Defendant had been in the relationship between the victim and the affinity for about 10 years since he had been in the relationship between the victim and the affinity, especially since he had been in the context of the victim, he could be sufficiently aware that the victim is a person with intellectual disability who lacks recognition ability as above.

1. The Defendant, on February 2012, committed early February 2012, when he was well aware of the fact that he was incapable of intellectual ability of the victim C (the age of 19 at that time) in early February 2012, the Defendant used it to have sexual intercourse with the victim who was playing at his home, used it to have sexual intercourse with the victim, and continued to have sexual intercourse with the victim who was under under the influence of the victim at the small room of the Defendant located at the Yan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the victim’s body was cut back, and continued to have sexual intercourse with the victim by inserting the victim’s bar and clothes that cannot be resisted against the Defendant due to any mental disorder, and inserting his sexual organ into the part of the victim.

2. On April 2015, the Defendant found in the house of the victim C (V, 23 years old at the time) located in the Hanan-gun, Chungcheongnam-gun, Chungcheongnam-do, and discovered the victim who was watching TV in the said house, had sexual intercourse with the victim, and did not resist the Defendant due to mental disability.