A defendant shall be punished by imprisonment for not less than two years and six months.

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

Criminal facts

On November 28, 2017, between 19:00 and 20:00, the Defendant moved the victim E (the age 21) who was suffering from the intellectual disability of Grade 3 in the hospitalization in the above hospital into a mobile phone text and moved the victim E (the age 21) into a bicycle storage stand in front of the rare D Emergency Hospital.

Despite the defendant's refusal of the victim's kis, the defendant kis the defendant's kis, while taking custody of both chests of the victim's clothes on her hand, put his kis into his kis, talks his kis, and kisss together his kis with his kis, and kis together his kis with his fingers into the part of the victim's kis, without suppressing the victim's resistance against the defendant's refusal of such refusal, and kis the defendant's kis of his kis.

Accordingly, the defendant raped the victim who is the disabled.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of Acts and subordinate statutes on welfare cards;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possibility of recidivism by the accused; the degree and expected side effects of the disadvantage the accused was inflicted on due to the accused’s disclosure order and the disclosure order; the preventive effect of the sexual crime subject to registration that may be achieved therefrom; and the effect of protecting the victim from the sexual crime subject to registration, shall not be disclosed or notified to the accused.