A defendant shall be punished by imprisonment for six years.

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

Punishment of the crime

Defendant

In addition, the person subject to a request for attachment order (hereinafter referred to as the "defendant") knew that the victim B (hereinafter referred to as the "defendants") who resides in the same kind of club, was not lower than Grade 2, intelligence index 45, social age 7, the judgment ability, decision-making ability, response ability, and sexually lacks ability, and sexual self-determination right cannot be exercised even when sexual assault was damaged, and used it to have committed sexual intercourse and indecent act against the victim.

1. 성폭력범죄의처벌등에관한특례법위반(장애인준강간) 피고인은 2017. 9. 13. 17:00경 경북 의성군 C에 있는 피해자의 집에서, 피해자의 어머니 D(지적장애 3급)이 잠시 자리를 비운 사이에 방 안에 누워 있는 피해자의 가슴과 음부를 손으로 만지고, 입으로 가슴을 빤 뒤 피해자의 음부에 성기를 삽입하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability such as disability to resist or to resist.

2. On September 15, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) in the same place as around 1:00, and on September 15, 2017, the mother of the victim collected his/her finger from the clothes of the victim, which he/she can live in a locked room between the mother of the victim, thereby gathering his/her fingers and her chests of the victim.

Accordingly, the Defendant committed indecent acts against the victim by taking advantage of the victim's mental disability that the victim was unable to resist or has difficulty in resisting.

Summary of Evidence

1. Each legal statement of witness B, D, and E;

1. Statement to E by the police;

1. Each stenographic record and tape recording, each of the circumstances supporting the Defendant’s quasi-rape and the Defendant’s act of indecent act by compulsion of persons with disabilities in the instant case, the victim answer to the question whether the Defendant met the victim’s chest and her mother at the victim’s house, “for example,” and “each time (underline)” to ask the victim’s chest and her mother at the victim’s house.