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A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
The Defendant, as the guest of “D” in Asan City, operated by B, was the victim E (the 25 years of age at the time) with intellectual disability 2 as a father of B, and became aware of the victim around May 2017, while the victim E (the 25 years of age at the time) attempted to work as the above restaurant.
The defendant was aware of the social meaning of sexual acts and the relationship with the defendant due to mental disorder that the injured person is unable to accurately understand the social meaning of sexual acts and the relationship with the defendant, etc., and used a relatively low cost to make it difficult for the injured person to easily have sexual intercourse with the victim.
1. The Defendant shall comply with the Victim on June 11, 2017.
1.2
At around 12:00, the victim had sexual intercourse with the victim by inserting his or her panty and inserting his or her sexual organ into the victim's panty room in Pyeongtaek-si located in Pyeongtaek-si and attracting the victim who does not know the defendant's objective to the guest room in light of the victim's 12:00 day, and inserting the victim's panty and panty into the victim's sound part.
2. On June 20, 2017, the Defendant exceeded his/her mother and frightness together with the victim on June 20, 201
In other words, the victim shall be love to the victim after he / she went to drink in the frequency near the inserted bank and went to the He / she on June 21, 2017 at around 00:0:0 on July 21, 2017, after he / she went to the H Ha or the second floor yellow bank located in Pyeongtaek-si G, and he/she collected in the middle floor with the victim.
1.2
“The victim made soup soup buck paper to the buckbuck paper, and prevented the victim from suffering with his hand, and the victim’s her sexual organ inserted his own sexual organ in the back of the victim’s sexual organ at the victim’s negative part, thereby having sexual intercourse once.
Accordingly, the defendant had sexual intercourses with the victim twice by taking advantage of the victim's difficulty in resisting the victim due to mental disorder.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. E’s statement in each video CD;
1. A certificate of a disabled person, a medical certificate of each disability, a report on the examination and evaluation of the I, and an investigation report (report on the contents of the K phone call of a reference J employee);
1. Recording notes and investigation reports (the parent of a victim);