A defendant shall be punished by imprisonment for not less than three years and six months.

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

Punishment of the crime

After the Defendant was divorced from his wife for about 14 years, the Defendant was found to be the head of the Defendant’s family located in Gwangju City in September, 2014 in order to have the Defendant married around May, 2015 in order to conduct personnel management by having the Defendant married around May, 2015.

At around 23:00 on December 19, 2014, the Defendant, at the Defendant’s home, divided food and drink with the victim, and had sexual intercourse with the victim, after having been set off both the victim’s bar and panty from 05:0 on December 20, 2014 to 06:0 on December 20, 2014 from 05:0 on December 20, 2014.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disorder or impossibility to resist.

Summary of Evidence

1. Legal statement of the witness H;

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes not to impose punishment;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

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 victim of this case under Articles 47(1) and 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) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is the parent-child of the defendant, and the place of crime is related to the victim's information and thus is likely to cause secondary damage to the victim in the course of disclosure and notification. The defendant has no criminal record of a sexual crime, imprisonment with prison labor for the defendant, registration of personal information, and order to complete a crime seems to have the effect of preventing recidivism to a certain extent, and other profits and preventive effects expected by the disclosure order or notification order, and