A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

Victim D(WW) is a mentally disabled person with intellectual disability 2nd degree, which corresponds to intelligence index 35 to 50.

On July 2, 2016, the Defendant: (a) sent from the F station located in Seoyang-gu E at Seoyang-gu, Seoyangyang-gu on July 2, 2016 to the victim, who was in slowly traveling, her home, and (b) the victim of the defect refuses to do so.

In spite of intellectual disability, a victim who is unable to resist due to a lack of resistance from the subway station, getting off the subway station from G around 06:30 of the same day, he moved to the residence of the defendant in Eunpyeong-gu Seoul Metropolitan Government H and 402.

Then, the Defendant exceeded all the clothes of the victim in a situation where it is difficult to resist due to mental disorder, lying the victim's chest on the victim's chest, and inserted the victim's sexual organ on the part of the victim, thereby having sexual intercourse with the victim.

As such, the Defendant had sexual intercourse with the victim by taking advantage of the fact that the victim was unable to resist or resist due to a mental disorder.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Recording book (Evidence No. 21-1);

1. Records of statements made for damage;

1. Application of the Acts and subordinate statutes to each CCTV photograph, internal investigation report (by the victim's obstructive behavior on the CCTV screen), expert opinion on sexual assault against the disabled, notification of the results of statement analysis, victim's welfare card copy, statement assistance report, internal investigation report (F CCTV analysis case), internal investigation report (G reverse CCTV analysis case), doctor's opinion, medical record report, one copy of medication, one copy of nursing record, and one copy of nursing record report;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the crime;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and the Act on the Protection of Children and Juveniles against Sexual Abuse.