A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, who is in friendship with the father of the second degree victim C(M, 25 years old) of intellectual disability 2, was the victim's third degree, and the victim was the victim's third degree, and has a big difference with the victim's age, and was intellectual disability, so the Defendant was willing to have sexual intercourse with the victim by using the victim's failure to properly express his/her intention of refusal against the defendant.

At around 13:00 on September 10, 2017, the Defendant found that there is a person who is married with the victim when the Defendant went to the residence of the victim D, and went to the room, and brought the victim into the room, thereby failing to resist because of the trust and intellectual impairment with the Defendant, he was placed on the bed, put the victim on the bed, put the chest on the bed, put the victim’s fry and panty, put the Defendant’s sexual organ into the bed part of the victim, and sexual intercourse by inserting the victim’s sexual organ into the sound part.

Accordingly, the defendant has sexual intercourse with a victim of intellectual disability as a threat of force.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records concerning C;

1. The application of Acts and subordinate statutes to investigation reports (in response to requests for appraisal);

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of force);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the observation of protection and the punishment, etc. of sexual crimes committed against the community service order and the lecture order

1. Scope of applicable sentences under Acts: Imprisonment for two years and six months to fifteen years; and

2. The scope of recommended sentences [the types of decisions] according to the sentencing guidelines, the general standards for sex offenses against disabled persons (at least 13 years of age) and the sound between deceptive schemes and force (special sentencing factors): Reduction factors: Reduction factors of punishment (the area of recommendation and recommendation range), reduction range of punishment [the scope of recommendation and recommendation range], 4-7 years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for three years, and the crime of this case for four years of suspended execution shall not be easily resisted by the victim due to the relationship between the defendant and the defendant;