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Defendant
A Imprisonment for three years, and Defendant B shall be punished by a fine of 2,00,000 won.
Defendant
B The above fine.
Reasons
Punishment of the crime
1. Defendant A: (a) through (b) on January 2013;
2. A victim I (inn, 38 years old) with intellectual disability-3 as an intelligence index of 68 years at the game 68 in the Han-dong Korean-dong Han-dong, Yasan-gu, Yasan-gu, Yanam-si, and ring a horse at the end, he spawn with a frequent knife after drinking a coffee.
The victim has a mental retardation disorder with about nine years of age, which requires the protection and supervision of others for a daily life, and the defendant has a mental retardation disorder with intellectual ability to receive disability allowances paid by the government every month for a woman with intellectual disability as above, while knowing that the victim is unable to refuse to make unfair requests, etc., by using the fact that the victim's mental decision-making ability is insufficient after delivery of the victim's summons, while knowing that the victim is not able to receive disability allowances paid by the government every month for a woman with intellectual disability.
On March 1, 2013, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases concerning the Punishment, etc. of Sexual Crimes”) at the time of the victim’s house located in the J in Busan-gu, Seoul-si prior to the beginning of the first trial, the Defendant: (a) demanded the victim to have sexual intercourse with the victim stating that “I will leave the victim as her son or her son and have the son as her son; and (b) I would like to have sexual intercourse once with the victim who refused to refuse to do so; (c) on March 2, 2013, the Defendant had sexual intercourse with the victim one another in comparison with the victim in the manner described in the foregoing paragraph (1) above; and (d) on April 3, 2013, the Defendant had sexual intercourse with the victim by taking advantage of his mental influence at the time of the victim’s first instance on the date on the same day; and (d) the Defendant had sexual intercourse with the victim through a deceptive scheme or other unlawful act.