A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Around April 2014, when the Defendant suffered from a intellectual disability or brain disease disorder and lacks the ability to discern things or make decisions, the Defendant deemed that the victim E (the 16-year-old-old-level-level-level-level-level-level-level-based-based-level-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related

Accordingly, the Defendant committed similar rape by taking advantage of the victim's state of impossibility to resist due to physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning E;

1. Video CDs;

1. A copy of a welfare card;

1. A psychological and evaluation report;

1. Application of Acts and subordinate statutes to a report on investigation (verification of a criminal scene and interview of the head of a D living department);

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for statutory mitigation (a mental or physical disability caused by a intellectual disability and cerebral le-disease);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course, the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the defendant is in a Grade II intellectual disability or cerebral disability, and the defendant is living away from his/her family members and is living in a protection facility for persons with disabilities, special circumstances where

1. Exemption from an order of disclosure and notification;