A defendant shall be punished by imprisonment for not less than four years and six months.

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

Punishment of the crime

The defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") are between the husband of the victim B (the family name, the 43 years of age) and the husband of the victim B (the 42 years of age), and the above victim is a intellectual disabled person with severe illnesses of about 42 and 48 social well-being index.

The defendant knew that the victim with intellectual disability lacks intellectual ability rather than the general public and used it, and tried to find the victim's husband at the same time to engage in self-support public service and to have sexual intercourse with the victim.

1. On May 23, 2019, between 08:30 and 10:00, the Defendant found the victim’s house in Yong-Namnam-gun C, and exceeded all the clothes of the victim within the victim’s house, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s house.

2. On May 28, 2019, between 08:30 and 10:00, the Defendant found the victim’s house in Yong-Namnam-gun C, and exceeded all the clothes of the victim within the victim’s house, and had sexual intercourse by inserting the Defendant’s sexual organ into the part of the victim’s house.

Accordingly, the defendant had sexual intercourses with the victim twice by taking advantage of the victim's difficulty in resisting due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records or video CD;

1. Each police statement made to D and E;

1. Each certificate of a disabled person, each disability certificate, each car examination report, each car inquiry report, vehicle photograph, statement analysis opinion, medical record copy, psychological evaluation report, psychological evaluation report, intermediary report, CCTV image image, and photograph of the place where the crime is committed;

1. Application of Acts and subordinate statutes to each internal investigation report (including No. 10, 12, 25, and each accompanying document), investigation report (Evidence List No. 56);

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the selection of imprisonment for a limited term, and the selection of a sentence concerning criminal facts;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are more severe.