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.

(e).

Punishment of the crime

The Defendant had been aware of the father and father of the Victim E (the age of 25) who had been 5 years ago, and had been able to have sexual intercourse with the victim by using the fact that there was a intellectual disability to the victim due to supporting rice at the victim’s house, and that there was no active resistance against the Defendant.

From the end of August 2014, the Defendant left the victim with intellectual disability 2 around September 21, 2014 between the end of the same year, and went back to the guest room with the second floor of the “Hel” located in G at the city of Sknju.

피고인은 그곳에서 피해자의 옷을 벗긴 후 자신의 성기를 빨게 하고 피해자의 가슴과 음부를 빤 후 피해자를 1회 간음하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's difficult state of resistance due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Stenographic records (Evidence records 60-91 pages);

1. Certificate of disabled person (Evidence 107 pages of evidence);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to submission of a statement of psychological assessment), a statement of psychological assessment, a statement of opinion of investigation (report on execution of a written request for provision of data verifying communications records), a report of investigation (comprehensive statement between a suspect and a victim);

1. Article 6 (4) and Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment of Sexual Crimes.

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; considering the type of the instant crime, the relationship with the victim, etc., the Defendant shall