A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

The defendant is well aware of the victim C (the age of 46), and the victim is the victim is the victim of the hearing disability 4, the intellectual disability 3, and the victim is the victim of the hearing disability 59, the overall intelligence 59, the level of time exercise integration inspection, the level of one month of the age of 6, and the degree of 10 years of social age as a result of the inspection of social well-being.

The Defendant, with the knowledge that the husband of the victim died, and that there was a defect in hearing and intellectual disability of the victim, had sexual intercourse with the victim, and had the victim found in the residence of the victim located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, 2013, and had the victim look at the victim's chest in a small room and under the clothes of the victim, left the victim from the place of the victim's her mother and panty, and had sexual intercourse with the victim's sexual intercourse by inserting the Defendant's sexual organ into the part of the sound of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's physical or mental disability in a state of difficulty in resisting or resisting.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. C’s statement and stenographic records recorded in a video CD in the damaged statement;

1. The application of each letter of opinion to C and each psychological evaluation report (Evidence Nos. 13) to statutes;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 297 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Disclosure Orders and Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant's mistake is in profoundly against the defendant.