A defendant shall be punished by imprisonment for six years.

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

Criminal facts

After the Defendant became aware of the victim through D, which was treated as alcohol issues at the same hospital at the time of receiving hospital treatment due to mental disorders, due to the victim C (n, 42 years of age, 2 level of mental disorders) and then he gets informed of the victim from the defendant's home located in the city E, 101 (F), and he gets the victim more than 2-3 times, and he gets the victim a kind of friendship.

On May 12, 2013, the Defendant, at the Defendant’s home on May 12, 2013, drinked alcoholic beverages with D, saying, “I will do so to do so to the victim,” and had the victim feel sexual intercourse with the victim who had a profound mental decision-making ability due to the excessive happiness of the victim’s reconcilation and gal stability by inducing the victim after childbirth.

피고인은 2013. 5. 12. 17:50경 티셔츠를 받으러 피고인의 집에 혼자 찾아온 피해자가 방으로 들어오자 피해자를 침대에 밀어 붙여 쓰러뜨리고 피해자의 옷을 벗긴 후 피해자가 “하지마라. 이거 놓아라. 내가 뭘 잘못했기에 이러냐. 아프다. 남편도 있고 애도 있다. 애한테 빨리 가야한다”고 저항하며 나가려 하는데도 피해자를 거칠게 잡아당기며 피해자의 성기에 피고인의 손가락들을 집어 넣고 피해자의 성기 및 항문에 피고인의 성기를 강제로 삽입하여 위력으로써 정신적인 장애가 있는 피해자를 간음하였다.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statements contained in each video recording CD and each stenographic record related thereto;

1. Statement made to D by the police;

1. G statements;

1. Medical record certificates, psychological evaluation reports, and examination and evaluation cards for persons with disabilities;

1. Application of the victim's standing photographs, field photographs and statutes;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) concerning criminal facts

1. Article 16(2)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18, 2012)