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A defendant shall be punished by imprisonment for seven years.
To order the accused to complete a sexual assault treatment program for 120 hours.
Reasons
Punishment of the crime
The defendant is a person above the age of 19 as a part of the part of the victim C (the age of 15 and 16 at that time). The victim is a person with disabilities falling under intelligence index (I Q) 30 and social index (S Q Q) 54 and falls under class 3 disability under the provisions of the Welfare of Disabled Persons Act and lacks ability to discern things or make decisions due to mental disability.
Around June 18, 2015, when the Defendant was living together with D, the victim’s mother, and around June 2012, the Defendant reported the marriage with D, and around that time, the Defendant and D were able to find out the victim who was living away from D’s mother from around 3 years to around 18, 2015, and were living together with the victim at the Defendant’s home on July 17, 2015.
Around that time, the Defendant took advantage of the fact that the injured party was attending a special class at the elementary, middle, and high school, and that there was a disability in recognition, and then, became aware that the injured party was a intellectual disability in the course of dialogue with the injured party. As such, the injured party was unable to discern things or make decisions due to intellectual disability, and that the injured party was able to return his child to the childcare institution for the first time, and that he would like to absolutely comply with the child’s horses. By doing so, the Defendant was willing to have sexual intercourse with the victim.
1. At around 14:00 on July 30, 2015, the Defendant: (a) accumulated in the Defendant’s house located in the Defendant’s house located in the E building 703 at Osan-si, Sinsan, in front of the victim’s (the age of 15 at that time) and, (b) held the victim “I wish to have a sexual intercourse”; (c) held the victim’s hand in favor of the Defendant’s sexual organ, cut off the Defendant’s clothes, cut off the Defendant’s inner organ, and added the Defendant’s sexual organ into the part of the victim’s sexual organ once.
2. The Defendant is offlined by Defendant at around 20:00, the date of his winter around 2015.