A defendant shall be punished by imprisonment for five years.

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

Punishment of the crime

The defendant is a person with no certain occupation, the victim D (V, the age of 24) is a person with intellectual disability of grade 2 with the total intelligence index 44, the age of adaptation to society is 6 years, 4 years, and self-management ability of class 4 years of age.

1. On December 7, 2015, around 11:00 on December 7, 2015, the Defendant discovered the victim, who was sent to the F Station E located in Daejeon Seo-gu, Daejeon, with an intention to have sexual intercourse with the victim by taking advantage of the victim’s state of being unable to resist due to mental disorder.

The Defendant: (a) enticed the victim into a room of 506 “Hel” located in the same Gu G by stating that “the victim was her mother,” and (b) took advantage of the mental disability as seen above, the victim was placed on the part of the victim on board, she exceeded all the clothes of the victim, and had sexual intercourse once with the victim.

2. On December 8, 2015, the Defendant called “F Station A. B.” by phone call to the victim at a place where it is not known at around December 8, 2015, and enticed the victim to become the victim, and, on the same day, the Defendant had sexual intercourse once with the victim in the same manner as described in paragraph 1 at a head office where it is impossible to know within the above telecom, around 11:00 on the same day.

3. Around December 15, 2015, the Defendant discovered the victim who was sent to the waiting room in the immediately preceding F Station, induced the victim in the same manner as described in paragraph 1, and, on the same day, had the victim sexual intercourse once with the victim in the same manner as described in paragraph 1, at the heading room where it is impossible to know within the immediately preceding telecom, around 11:00 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records on D;

1. Certificates of victims with disabilities, comprehensive evaluation opinions, investigation reports (the indictments for cases involving similar damage to the victim and the binding of copies of the judgment);

1. Application of Acts and subordinate statutes to photographs and photographs of victims;

1. Article 6 (4) and Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Optional to Imprisonment with labor for a period of time);

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.