A defendant shall be punished by imprisonment for eight years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Criminal facts

【Criminal Power】 On September 5, 2008, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (rape, etc. against Disabled Persons) in the Jinwon District Court’s Jinju branch on September 5, 2008, and the judgment became final and conclusive on September 18, 2

【Criminal Facts】 The Defendant was a person who was living in the same kind as the victim D (Inn, 57 years of age) and was aware of the fact that he had a intellectual disability (class 3 of intellectual disability), and even before being punished, the Defendant was raped by the same victim.

On October 11, 2014, the Defendant intruded into the victim’s residence plan in Jinju-si, E, and took off the victim’s clothes under the influence of force, and forced the victim’s injury and chest, and forced the victim’s resistance to his body, and led the victim’s sexual intercourse once.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made in D in each video recording CD;

1. The police statement concerning F;

1. Reports on internal investigation (the relative verification of the chairperson of the G Senior Citizens Association);

1. A medical certificate;

1. Application of the statutes governing written confirmation of counseling;

1. Relevant Article on the facts constituting an offense, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 297 of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The alleged defendant was in a state that he was aware of his memory on the date and time stated in the facts constituting an offense, and only committed an indecent act against the victim, and did not rape.

2. The judgment is based on the evidence duly examined and adopted.