A defendant shall be punished by imprisonment for fifteen years.

For a requester for an attachment order, a location tracking electronic device shall be installed for 20 years.

Criminal facts

The facts underlying the cause of the attachment order and the defendant and the respondent for the attachment order (hereinafter referred to as the "defendants") are prones of the victim C (nive, 18 years of age, intellectual disability 2 level), and there is a record of the completion of the execution of the sentence in the Changwon District Court on December 26, 2008, sentenced to three years and six months of imprisonment for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape by blood relation) against the victim.

【Criminal Facts】

Even after release, the Defendant returned to the residence of the Defendant located in D at the time of detention, and both the Defendant’s wife and children have intellectual disorder, and thus, did not oppose to the Defendant that habitually contains violence, and the victim was able to have sexual intercourse with the victim from time to time by using the same room with the victim, using the fact that the Defendant could not leave his family as a minor, and caused rape from the age of her old age, thereby making it impossible for the Defendant to display his refusal properly.

1. On January 23, 2013, the Defendant exceeded the clothes of the victim (at that time, 16 years of age) who was accumulated in the inside of the above residence at around 23:00, and putting the chest into the drinking part, and then inserted the sexual organ into the drinking part of the victim, thereby having sexual intercourse with the victim once.

2. On 22:00, the Defendant exceeded the clothes of the victim (at that time, 17 years of age) who was accumulated in the inside of the above residence at around 22:00, and putting the chest into the negative part, and putting the finger into the negative part of the victim, and had sexual intercourse once with the victim by inserting the sexual organ into the negative part of the victim.

3. From June 22, 2015 to 22:00 on June 23, 2015, the Defendant exceeded the clothes of the victim (18 years of age) who was accumulated in the inside of the above residence, and putting the chest into a negative part, and putting the finger into a negative part of the victim, thereby having sexual intercourse with the victim once by inserting the sexual organ into a negative part of the victim.

Accordingly, the defendant has sexual intercourse three times with the victim by taking advantage of mental disability such as to resist or resist the situation of difficulty.

[Facts constituting the ground for attachment]