A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

Defendant

In addition, on August 2018, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") came to know of the physical and mental disability of the victim by doing an abnormal behavior with the victim alone while communicating with the victim, who has a mental disorder, such as tidal illness, in the C Park in Young-si, Youngcheon-si B, or by communicating with the victim, he/she became aware of the victim's physical and mental disability.

Around August 21, 2018, the Defendant discovered a victim who had been passing at the entrance of the E-building in Yongcheon-si, Si around 21:30 on August 9, 2018, the Defendant, taking advantage of the above disability, attempted to have sexual intercourse with the victim by taking advantage of the situation where the victim is unable to resist or resist due to such disability, and went the victim into the nearby telecom.

The Defendant, from 22:05 to 07:23 the following day, exceeded the clothes of the victim who could not resist due to the above disability in the “Gmotour” H located in Yongcheon-si, Yongcheon-si, and knife the victim’s chest and sound with his hand, and sexual intercourse with the victim by inserting his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with a victim with a disabled person who is unable to resist or has difficulty in resistance due to physical or mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police officer to I;

1. 4 copies of a report on internal investigation (the confirmation of the course of movement of the victim and the person under suspicion, the developments leading to the vehicle under suspicion), and 44 copies of CCTV closure photographs;

1. A report on internal investigation (in addition to a statement of opinion on the victim), a statement of opinion, and an investigation report (verification as to whether a medical doctor of the J Hospital is the other party to the case);

1. The defendant and his defense counsel shall deny part of the crime by asserting that the defendant did not put the defendant's sexual organ into the victim's negative organ due to the hard disc, etc. although there was a fact that the defendant delivered the victim's chest and fry with the victim's chest.

However, the evidence duly adopted and examined by this court is admitted as follows.