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

A victim B (the male and the 17 years old) was judged as a person with a grade II intellectual disability and was merely 47, 36, and 5 years of age and 3 months of the total intelligence index, and thus lacks communication ability, social ability, understanding, or judgment due to mental disability. Accordingly, it is difficult for the Defendant to actually express or exercise sexual self-determination. From April 16, 2019, the Defendant was well aware of the aforementioned circumstances while working as an assistant to the victim’s activities.

On June 5, 2019, at around 23:00 on June 23:0, 2019, the Defendant shows a dynamic image showing the sexual intercourse between the victim and the victim's sexual intercourse in the residence of the defendant in the Chungcheong-gun C Apartment D, Chungcheongnam-do, Chungcheongnam-do, and refused to do so, the defendant promptly enters the victim's sexual flag and chest, and the defendant was also as soon as possible.

As a result, the defendant committed similar acts to put the defendant's sexual organ into the mouth of the victim by using the victim's mental disability that the victim is unable to resist or has difficulty in resisting.

Summary of Evidence

1. Defendant's legal statement;

1. B's statements or records recorded in each video recording CD;

1. Application of Acts and subordinate statutes to report internal investigation (a certificate, etc. of disabled persons);

1. Article 6 (4) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Personal information is personal in full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure and notification order, prevention of the sex crimes subject to registration, protection of victims, and other relevant factors.