A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete 120 hours of sexual assault treatment programs.

Punishment of the crime

Around June 199, the defendant started with the delivery or living together of C, which is 6 months of pregnancy, and reported the marriage on December 10, 199, and reported the birth of C (n, 13 years of age) born by C as a natural father on the same day.

On December 2, 2003, the Defendant reported a divorce with C on December 2, 2003, and registered himself as the exercise of parental authority of the victim, and from around that time, he lived together with the victim at the residence located at 402 dong 1006, 1006, Sipopo-si.

On October 2013, 2013, the Defendant exceeded the victim’s will and panty with intellectual disability 3 (in intelligence 52.5, with significantly low recognition ability, and the social index 23.60 is also low) and sexual intercourse once with the victim in the inside of the Defendant’s residence.

As a result, the defendant had sexual intercourse once with the victim who is a juvenile with lack of ability to discern things or make decisions due to the third grade of intellectual disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (in relation to presumption of the date and time of damage, etc. and appending a report on clinical and psychological assessment of victims);

1. Application of Acts and subordinate statutes to certificates and expert opinions of persons with disabilities;

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where the facts constituting a crime in the judgment on the registration of personal information under Articles 49(1)1 and 50(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse are affirmed, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. The scope of applicable sentences by law: Imprisonment with prison labor for up to 30 years; and

2. Application of the sentencing guidelines [the determination of types] sex offenses against persons with disabilities (at least 13 years of age) (type 2) (the scope of punishment for recommendations] 4 to 6 years (aggravated area).