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A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
On October 3, 2017, the Defendant, at around 17:16, was repairing a computer called “D” in the lightyang City C, was aware that the Defendant, while waiting for customers by stopping a private taxi owned by the Defendant on the front of the road, was divided into “a change in mobile phone” and “a change in mobile phone,” and “a victim F (the name, the age of 21) with a 2 disorder in intellectual disability, and then became aware that the Defendant had a intellectual disability to the victim.
At around 17:20 on the same day, the Defendant inducedd the victim “I will buy a cell phone like in the inn,” and went to the “H unmanned hotel” located in G in light of the foregoing taxi as the above taxi, and went off the clothes of the victim in a situation where it is difficult to resist due to intellectual disability at the guest room, and added the Defendant’s sexual organ into the sexual organ of the victim, thereby having sexual intercourse once.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of difficulty in resistance due to mental disability.
Summary of Evidence
1. Partial statement of the defendant;
1. Each CD, each stenographic record, and the written opinion of the second-class women with intellectual disability prepared by I on sexual indecent conduct;
1. Photographs photographs (CCTV), investigation reports (as to the JPS investigation)
1. A medical certificate;
1. Photographs of the victim who suffered loss on the day of the incident;
1. Application of Acts and subordinate statutes on welfare cards;
1. Article 6 (4) and Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes (Optional to Imprisonment with labor for a period of time);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Registration of personal information of the accused in light of Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the fact that the accused previously has no record of criminal punishment for the same crime, the accused’s age, occupation, family environment, social relationship, etc.