A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

On September 4, 2017, the Defendant, at around 19:30 on September 4, 2017, opened a door door that was not corrected in front of the house of the victim C (at the time, 68 years of age and 5 years of age and 68 years of age and 5 years of age) and intruded into the residence of the victim, and then, the victim suffered alz disease and suffered alz disease, using the fact that it is difficult for the victim to resist due to dementia of the Do, such as memory, sarnam power, and heavy obstacles to the judgment power, and sexual intercourse by inserting the Defendant’s sexual organ into the victim’s sexual organ.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the prosecutor and the police in relation to D and E;

1. Video CDs, each photograph;

1. Stenographic records, statements or video CDs;

1. Application of Acts and subordinate statutes to medical opinions, each medical certificate, statement assistance report, expert opinion on sexual assault against persons with disabilities, investigation report (K-MmsE, GDS method), and related Acts and subordinate statutes to the place of confidential records;

1. Relevant legal provisions concerning the facts constituting an offense, and Article 6(4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Article 297 of the Criminal Act (the occupation of quasi-rapes with disabilities and the choice of imprisonment with labor), and Article 319(1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment with labor);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes within the extent that the punishment is aggregated with the long-term punishment of the crimes specified for the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with heavy punishment (rape of the disabled, etc

1. Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure, notification, and restriction on employment, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the former Act on the Protection of Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 56(1) proviso to Article 56 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (the instant crime involving multiple unspecified persons).