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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

In a state that the Defendant lacks the ability to discern things or make decisions due to mental delay, the Defendant, in D Park in Sinpo-si around 16:25 on June 7, 2016, led the victim E with mental disorder 2 as the above park grass field, and the Defendant, “Is up the same year as C, Is up to the end of the same year, Is up with the victim,”

The defendant, who was frighten off of his clothes he was put off, and let the victim frighten off his clothes and Cheongba, who was frightened, and forced the victim to go off his boom and panty, forced the victim to go off, take charge of both banks and panty, and put the second fingers into the part of the victim's sound.

Accordingly, the defendant committed similar rape against a person with a mental disability.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records of victims E;

1. Photographs, etc. of the place of crime;

1. A certificate for persons with disabilities (victim E);

1. Mental and physical weakness: Application of Acts and subordinate statutes to a copy of a welfare card;

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 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to attend lectures and the protection and observation;

1. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Article 50(1) proviso [the Defendant’s age, occupation, family environment, social relative relationship; (d) relationship with the Defendant and the victim; (e) the risk of recidivism; and (e) the benefits and effects expected by the disclosure order or notification order of this case; and (e) the disadvantages and side effects therefrom.