A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Criminal facts

The defendant is the second grade of intellectual disability, and is the original who resides in the above C from 2010.

The Defendant committed the following crimes in the state of mental disability caused by intellectual disability:

1. At spring around 2013, the Defendant, at the room of the Defendant of the above C1st floor, laid down the above victim D (Woo, 23 years of age, intellectual disability 2 level), who is living together with the above victim D (Woo, 23 years of age, intellectual disability 2 level), followed the victim’s chest by walking through the victim’s jackets, cut off the victim’s chests and panty, cut off the victim’s panty, forced the victim’s body into two arms, suppressions the victim’s body, and inserted the Defendant’s sexual organ into the part of the victim

Accordingly, the defendant has sexual intercourse with a person with a physical or mental disability.

2. The Defendant’s room of the Defendant of the 1st floor above C around B, 2013, and the above A.

In the same way, the victim's resistance was threatened and the defendant's sexual organ was inserted into the victim's negative organ.

Accordingly, the defendant has sexual intercourse with a person with a physical or mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The statements made in D in each damaged statement CD and stenographic records thereof;

1. Certificates of persons with disabilities (D), opinions, and psychological and assessment reports;

1. All on-site photographs;

1. Application of statutes on welfare cards;

1. Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the punishment for such crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Order to complete a program: The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;