A defendant shall be punished by imprisonment for seven years.

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

Punishment of the crime

A victim B (the age of 21) is registered as a Grade III intellectual disability. However, the victim B (the age of 21) is registered as a person with intellectual ability at the level of "psychronia" in the total intelligence index 43, such as social age 11, who has a comprehensive intellectual disability level 2, such as social age 11, and is unable to exercise his/her sexual self-determination authority due to a significant decline in the knowledge level and ability to judge sexual situation

In around 2014, the Defendant had been aware of the victim living in the same Dong with the Defendant. Since the victim acted differently from normal persons and took a warning that the victim has a intellectual disability, the Defendant was unaware of his/her ability to exercise sexual self-determination so that the victim has sexual intercourse or indecent act with the victim because of lack of ability to exercise his/her sexual self-determination or considerable impediment, and thus, he/she was willing to have sexual intercourse or indecent act with the victim.

1. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of the Disabled Persons) said that at around 18:00 on Nov. 1, 2018, the Defendant would be frightening and gathering the victim in the vicinity of CD located in Gangseo-gun, Gangwon-gun, D, and the Defendant was born the victim to E-wing and cargo Ⅲ who was driven by the Defendant, and left the victim’s chest by her hand, and continued to take the victim’s chest into the victim’s clothes.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's mental disability such as failing to resist or failing to resist.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

A. On November 2018, 2018, the Defendant, who committed a crime in the Yansan located in Felman, told that he would take the victim’s house by phoneing to the victim on November 2018, and entices the victim to a bus stop near the Donsan-gun CD located in Gangwon-gun, Gangwon-do, and operated by the Defendant at the same time.