A defendant shall be punished by imprisonment for four years.

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

Punishment of the crime

From July 2014, the Defendant, in the vicinity of the Defendant’s residence located in Jinju-si from Jinju-si, attempted to have sexual intercourse by bringing the victim into the Defendant’s residence by taking advantage of the fact that the victim D (Woo, 46 years of age, intellectual disability 1 level) returns to the Defendant without a certain occupation or is seated in front of the same kind of occupation at any time, lack of ability to determine the situation, and failure to understand the meaning of sexual violence, without sufficiently understanding the meaning of sexual violence.

At around 18:30 to 20:00 on May 23, 2015, the Defendant: (a) cited and boomed on the street in front of Jinju, the Defendant: (b) moved the victim into the Defendant’s residence; and (c) laid the entrance door at around 20:0-21:00 on May 23, 2015; and (d) laid off the victim’s shoulder, cut off his clothes and clothes by force; (b) laid off the victim’s chest with his chest as soon as possible; and (c) inserted the victim’s chest into the part of the Defendant.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental disability such as impossibility to resist or difficulties in resistance.

Summary of Evidence

1. Defendant's legal statement;

1. A statement made in D in stenographic records or video CDs;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to report internal investigation (in relation to attachment, etc. of the result of request for appraisal), report on internal investigation (in relation to attachment of a certificate of persons with disabilities of the victim), investigation report (in relation to attachment of photographs by the victim boomed by a suspect), investigation report (in relation to attachment of a reply to request for appraisal

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 297 of the Criminal Act;

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. The accused under the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order to disclose and notify, shall sexual assault before committing the instant crime.