A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The Defendant was aware that the victim was unable to discern things due to disability while living in the same kind, such as the victim C (L, 19 years of age), who is a person with a mental disability, and he was able to discern things due to disability, and he was he sprinked with the victim by making him enter his house and giving money.

On June 5, 2014, the Defendant stated that “Around June 5, 2014, the victim was found in the Defendant’s house located in Southern-gu D at the port of port” to the victim “a defect of 300,000 won per annum.”

The Defendant: (a) stated that the victim was off her clothes in return for money that the victim would not be off her clothes “be off her clothes”; (b) took advantage of the victim’s self-spacking of her clothes that the victim cannot resist properly, and (c) had sexual intercourse one time with the victim’s body who was on the victim’s body.

Accordingly, the defendant has sexual intercourse with a person with mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement contained in the video CD;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a disability diagnosis report and a psychological evaluation report;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. According to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, the Defendant’s age, occupation, force, details and motive of the crime, method and consequence of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., shall be comprehensively taken into account.