A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The Defendant, while residing in the former Northwest-gun B, and her riding a bicycle and her riding on the bicycle, divided into the victim D (n, 89 years of age) who took around the house of the victim D (hereinafter referred to as the “victim D”) located in the former Northwest-gun C around July 2017. On the other hand, the Defendant was aware that the elderly victim was unable to have a normal accident, such as having no ability to discern and judge about things or reality due to severe dementia, etc., and that he was unable to understand the meaning of sexual behavior and to feel sexual humiliation, and was able to have sexual intercourse with the victim who has considerably weak resistance by using it, even though he was aware that he did not easily refuse others’ unfair instructions, demands or sexual demands.

On October 3, 2017, from around 11:00 to around 11:40, the Defendant opened a gate with no victim in front of the said victim’s house and intruded into the said gate. The Defendant, on the inside and outside of the said gate, laid off the victim’s gate, laid off the victim’s gate and her clothes, and laid off the victim’s her inner part of the gate and her inner part, added the victim’s sexual organ into the part of the victim’s sound, thereby infringing the victim’s mental function and having sexual intercourse with the victim who is in a state of mental loss due to disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to internal investigation reports (with respect to failure to make statements by the victim), field identification reports, reports on the results of field identification, requests for appraisal by DNA Abnb and response reports, investigation reports (in relation to attachment of registration cards to dementia patients, the number of reports filed by dementia patients, the number of reports filed by the victim, investigations into the receipt of government subsidies by the victim, public opinion by residents against the victim), and publication reports (investigation reports);

1. Relevant legal provisions and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319(1) and 299 of the Criminal Act (the point of quasi-rape in intrusion upon residence and the choice of organic imprisonment) regarding criminal facts.