A defendant shall be punished by imprisonment for four years.

One (No. 1) of the empty Packaging (T. 1) shall be confiscated.

Punishment of the crime

A victim C (the age of 44) has considerable difficulty in communication due to the symptoms, such as an excessive accident, inappropriate language, refund, and network, such as having a record of being treated as a mental divided disease from September 1, 2004 from the “E” located in Jinju City D, and is a mentally disabled person of Grade III with a significant lack of recognition ability.

1. On December 6, 2015, the Defendant: (a) had been engaged in a campaign in G school playgrounds located in F at the time of Jinju-si on December 16, 2015; and (b) had expressed an intent to report the victim who became aware of only in his/her usual playground and, thus, had been willinged to engage in sexual intercourse with the victimized person by using his/her state of difficulty in resisting due to disability.

The Defendant called “I” to take a bath to the victim, and caused the victim to take a bath, thereby getting the victim to take the victim back to “I” 308 heading in H in the same city.

Accordingly, the defendant inducedd the victim for the purpose of sexual intercourse.

2. From around 17:00 on December 6, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape of the Disabled) with knowledge that the victim could not resist due to a serious lack of recognition capacity and serious trouble in communication due to chronic marction, the Defendant was unable to commit a crime by considering the following circumstances before the victim’s sexual organ was inserted into the victim’s negative organ into the victim’s negative organ, while the victim was aware that the victim could not resist due to a serious lack of recognition capacity and serious trouble in communication due to chronic marction.

Accordingly, the defendant attempted to have sexual intercourse with a victim who is in an impossible state due to a mental disability, but did not have attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Video CDs made by each victim;

1. Statement made by the police to J;

1. Each investigation report (report on the victim's disability grade and doctor's opinion, opinion, attachment of medical certificate, disability grade decision, and disability grade;