A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On October 3, 2012, at around 06:00, the Defendant suggested that a female drink game was defective in the alcohol time game, and had the female drink sexual intercourse with the female under the influence of alcohol under the influence of alcohol, by taking advantage of the circumstances that the victim F, 20 years of age, 44 in the intelligence index (I Q), 44 in the status of having mental age in and out of elementary school, was extremely lacking in the mental ability.

The Defendant, at around 08:00 on the same day, exceeded all clothes of his female, putting his fingers into the part of the victim, knife his fingers, and knife knife his head from the victim’s act, knife the victim’s head as knife, and knife the victim’s sexual organ as soon as possible, and had sexual intercourse once with the victim’s sexual organ that continued refusal.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Video recordings;

1. An expert opinion;

1. Each investigation report and the application of the Acts and subordinate statutes on response;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The Defendant’s age, previous conviction and degree of risk of recidivism, the background and process of the instant crime, and the benefits and preventive effects expected by the instant disclosure or notification order, such as the fact that there exists no history of punishment of the Defendant to be sentenced to imprisonment or heavier than that of the Defendant under the proviso to Article 37(1) and the proviso to Article 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from disclosure or notification order, and that there is no previous conviction.