A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Criminal facts

On June 4, 2008, the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were sentenced to imprisonment with prison labor for not less than two years and six months in the Busan District Court on the grounds of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape in Relatives) and completed the execution of the above punishment on October 11, 201.

【Criminal Facts】

On February 14, 2013, the Defendant, around 14:00, 14:00 on the first floor of the Defendant’s house of the 1st floor of the Geumcheon-gu, Busan, was sexual intercourse and raped on a single occasion, by giving the victim’s resistance to the victim D (the age of 24) who was suffering from intellectual disability (the age of 24).

[Judgment of the court below] The Defendant was sentenced to imprisonment with prison labor for a sexual crime as stated in the above criminal records and criminal facts, and committed a sexual crime within ten years after the execution of the sentence, and committed a sexual crime against a person with a mental disability, and was likely to recommit a sexual crime.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and F;

1. Statement recording recorded by the police against D;

1. Copy of a disability diagnosis certificate (Evidence No. 151), disability grade decision, and family relation certificate (Evidence No. 13 of the evidence record) (criminal record on the market);

1. A reference report on criminal records, etc.;

1. In the following circumstances, the personal confinement status [the risk of recidivism at the time of market] (the defendant's age, character and behavior, and living environment) of the instant crime; the prosecutor's investigation report to the prosecutor's office (in addition to a written judgment attached to the defendant's same kind of judgment) and the investigation prior to the request for an attachment order; i.e., the defendant committed sexual intercourse by taking advantage of the victim's mental disorder caused by the victim's mental disorder, who is a two and a half years and six months, and completed the execution of the imprisonment and repeatedly committed the instant crime against the same victim during the period of repeated offense; and ii the defendant committed the instant crime against the defendant.