A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 00:51 on July 10, 201, the Defendant: (a) found the victim D (n, 50 years of age) at the home in Boan-si, Boan-si, Si, 10:51; (b) used adult films on the side of the victim and used them to have sexual intercourse with the victim, while watching television, while viewing television, he was aware that the victim was incapable of protecting the victim as a intellectual disabled person.

At around 04:00 on the same day, the Defendant: (a) laid off the clothes of the victim, laid down his body, laid down his chest promptly; (b) removed the victim’s neck by strokeing the resistance; and (c) took advantage of the victim’s mental disability, such as suppression of resistance, etc., and attempted to have sexual intercourse with the victim, but did not have sexual intercourse with the victim, by taking advantage of the victim’s mental disability, but did not have sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A copy of a disability diagnosis certificate and a copy of the welfare card for persons with disabilities (No. 8 No. 1)

1. The name of the victim and the features of the victim's hearts in the bank;

1. The application of each written request for appraisal, each written request for appraisal, and each written appraisal to statutes;

1. Articles 14 and 6 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11088, Nov. 17, 201); Article 297 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012)

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16(2) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 10567, Apr. 7, 2011)

1. Article 2 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 10258, Apr. 15, 2010); the proviso to Article 37(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.