A defendant shall be punished by imprisonment for nine years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

(e).

Punishment of the crime

The defendant is the father and father of the victim C(n, 27 years of age).

As intellectual disability 2nd, it is difficult for the victim to adapt to daily life without the protection and management of his/her guardian due to the intelligence index 38, 5 years of age, 7 months of age, 40 degree of social index, and 40 degree of social index.

The Defendant was aware of the fact that the victim was unable to refuse the victim’s own instruction, and thus, he did not easily indicate or resist the victim’s refusal even if having sexual intercourse, and decided to have sexual intercourse with the victim.

1. On July 2015, the Defendant: (a) at the office of the Defendant’s house located in the former North Korea-gun D around the new wall of the date on July 2015, the Defendant exceeded the Defendant’s house in the former North Korea-gun; (b) was she off his body and panty; and (c) took part in the Victim’s body with his body and expressed his intention of refusal, and had sexual intercourse once.

2. The Defendant, at the same place as Paragraph 1, at the time of the new wall on September 2015, 2015, accessed, as Paragraph 1, exceeded the victim’s fright and panty, and had sexual intercourse once.

3. The Defendant, at around 16:00 on October 2015, entered the same place as Paragraph 1, and made the victim take a bath, and sexual intercourse once with the victim, at the same time as Paragraph 1.

Accordingly, the defendant raped the victim who is her parent-child with mental disability, taking advantage of the mental disability to resist, or difficulties in resisting.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Investigation report (in relation to the attachment of a reply letter to the request for appraisal, the consent of the relative), and the inquiry report on the request for appraisal;

1. Application of Acts and subordinate statutes to certificates of persons with disabilities and medical certificates of each disability;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, the selection of imprisonment for a limited term, and the selection of a sentence concerning criminal facts;

1. The Criminal Act among concurrent crimes.