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A defendant shall be punished by imprisonment for three years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. From the first and second order of December 2012, the Defendant, at the house of the Defendant, at 20:00, c apartment 102, 1209, c apartment c apartment c apartment c apartment 102, 1209, was separated from the victim D (Inn, 27 years of age) who was the victim, taking advantage of the fact that the victim was in a state where her resistance is impossible due to cerebral disease disorder, etc., and raped by inserting the flag and the flag by inserting a sexual organ into the sound part.
2. On December 2012, 2012, the Defendant raped the victim in the same manner as above at the same place as the above paragraph 1, around 20:00 on the date in which the Defendant took place.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Prosecution investigation reports (to hear and report the F phone statement of the counseling center for disabled persons with integrated counseling centers) and police investigation reports (overline investigation);
1. Application of Acts and subordinate statutes to a written request for appraisal, a certified copy of the report, and a certificate of disabled person;
1. Article 6 (4) and (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 299 of the Criminal Act concerning criminal facts;
1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act (the defendant is recognized as being a juvenile in view of his/her characteristics, since he/she is recognized as being a juvenile);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggressing concurrent crimes with the punishment prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) from among concurrent crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu;
1. Considering the fact that the Defendant is a juvenile under the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, there are special circumstances that may not disclose or notify the Defendant’s personal information.