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

Punishment of the crime

The defendant is a intellectually disabled person with intelligence index 69, social age 10.8 and social age 67.5, and victim C is a person with intellectual disability 61 and social well-being 59.37.

The Defendant committed violence on the ground that the victim does not properly keep his breathed, etc., such as the victim’s booming her boom and walking the victim’s breath who was pregnant, etc., and the victim was able to do so.

At around 09:30 on May 23, 2012, the Defendant: (a) was under the influence of distinguishing things or making decisions due to mental disorder as above; (b) while drinking the victim and the victim’s house in Tonju City, the Defendant: (c) stated, “I do not see the chest that “I are under the influence of the victim’s breast water, E (victim’s son) but I do not see the same e and equally; (d) I do so; and (e) I added the victim’s clothes that could not actively resist due to fear and shame to the Defendant; and (e) inserted the Defendant’s sexual organ into the part of the victim’s sound.

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Third protocol of examination of the accused by prosecutors;

1. The police statement of the victim;

1. Recording records;

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

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

1. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act for statutory mitigation (non-incompetent);

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act.

1. Article 62(1) of the Criminal Act (The following consideration is made for the period of sentencing) 1.