A defendant shall be punished by imprisonment for four years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

[Basic Facts] From around 2013, the Defendant has been living together with the victim C (18 taxes, women) as a person with no certain occupation.

The above victims were disabled persons with intellectual disability 2nd degree due to mental delay in 201, and were living in E, a facility for disabled persons, from around 201, and from around 2016, they visited their home of friendship and left home.

In order to perform the above D’s work, the Defendant committed an indecent act against the victim by using the victim’s resistance to sexual assault in a situation where it is impossible or considerably difficult to resist sexual assault, because the victim believed to be one’s own “third village” due to mental disorder, and the victim’s ability to communicate or make social judgment is deteriorated due to mental disorder. The Defendant was unable to understand the meaning of sexual behavior properly.

[Criminal facts]

1. On February 8, 2016, the Defendant: (a) at the inside of the Defendant’s house located in FF in Busan-gun, Busan-gun; (b) at the inside of the Defendant’s house, the Defendant met the said victim’s chest by hand; and (c) upon putting the Defendant’s sexual organ into the victim’s entrance, the Defendant prompted the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disability that he is unable to resist or resist.

2. On April 9, 2016, the Defendant was in front and rear the Defendant’s house at night and night on April 9, 2016, by inserting his grandchildren into the inside of the said victim’s house, putting them into the said victim’s inner part, putting them into the victim’s inner part, and putting them into the victim’s inner part, and putting them in the front and rear part.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental disability that he is unable to resist or resist.

3. On August 9, 2016, the Defendant laid down the Defendant’s sexual organ, after drawing up the said victim at the inside of the said Defendant’s house at a time unfluened time, putting his/her grandchildren into the inside of the victimized person’s inner part, and cutting down his/her chest.