A defendant shall be punished by imprisonment for five years.

The information on the accused is disclosed through an information and communications network for a period of five years.

Punishment of the crime

The Defendant is an illegal alien whose nationality entered the Republic of Korea on September 22, 2014 and the period of stay has expired on December 21, 2014.

The defendant was aware of the fact that the victim C (n, 33 years old) who was the victim with intellectual disability C (n, 33 years old) occupied the studio below the studio, and the neighboring victim's behavior for about one year was examined and the victim's intellectual state was not changed.

1. On August 25, 2017, the Defendant: (a) around 13:00 on August 25, 2017, at the residence of the victim located in Seojin-gu Dump △△△△△△, divided into the part of the victim and the beer with the victim; (b) placed the victim’s shoulder on the floor by hand; (c) went off the victim’s panty and panty; (d) forced the victim’s two legs by hand; and (e) put the victim into sexual intercourse once by inserting the sexual organ into the part of the victim’s sound.

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

2. On September 8, 2017, at around 15:00, the Defendant: (a) divided the beer and beer into the victim’s residence; (b) divided the part of the victim’s right shoulder into the Defendant’s port arms; (c) took the victim’s right shoulder on the floor; (d) exempted the victim’s pande and pandety; and (e) took the victim’s panty by forcing the victim’s two legs by hand, and had sexual intercourse once with the victim by inserting the sexual organ into the part of the victim’s sound.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Investigation report (related to attachment after photographing the victim in his/her own hole), investigation report (verification of interference with the victim's intellectual property);

1. Two copies of the results of genetic appraisal of the National Institute of Scientific Investigation;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and certificates of disability;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (referring to the crimes committed between persons with disabilities, etc.) shall be applicable to concurrent crimes.