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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On February 17, 2013, around 06:00, the Defendant was aware of the Defendant’s visit from the victim E (n, 49 years old) (n, in front of the Dratter located in Seo-gu Busan, Seo-gu) and the victim, who was aware of the Defendant’s violent inclination, sought assistance from the Defendant’s room and immediately go to the knitter, and the victim was said to have her back to the victim’s room. However, the victim refused this, on the ground that the victim was aware of the victim’s face one time, the Defendant inflicted injury, such as a hole for the right eye, where the number of days of treatment cannot be identified, such as a hole for the victim’s eye.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (comprehion of Persons with Disabilities) brought the victim with mental disorder 3 in the same time from the room of the victim at the above Dinsium, and, after having the victim get out of his clothes after having the victim get out of his body, he sexual intercourse with the victim once with the victim by taking the attitude that the victim ought to be seen as “Isn't know about why he would be hin.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Police video CDs against E;

1. Each investigation report (including attachment of photographs of the upper part and the statement of a witness);

1. Application of welfare cards (Grade III)-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), and Article 6 (5) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; hereinafter the same shall apply) (the point of sexual intercourse with a disabled person by force);

1. From among concurrent crimes, the number of concurrent crimes resulting from the crimes provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (within the scope of the sum total of the long-term punishments of the above two crimes) and concurrent crimes resulting from the crimes provided for in the former part of Article 38(1)2 of the Criminal Act;