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

The Defendant became aware of the victim D (the age of 48) who is a disabled person of Grade 1 (Grade 1 and Grade 3 with a mental disability with a mental disability) while patroling as a forest fire monitoring member in the Chungcheong North Korea-gun C.

1. On December 2, 2016, at around 19:00 on December 2, 2016, the Defendant discovered the victim’s mother’s home in order to attend a church worship, and found the victim’s mother’s home to remain in the victim’s family, and had the victim go off his clothes, and had the victim sexual intercourse once with the victim.

2. On December 9, 2016, the Defendant, at around 19:00 on December 9, 201, had sexual intercourse with the victim once in the same manner as the above-mentioned 1.

3. On December 16, 2016, the Defendant, at around 19:00, had sexual intercourse with the victim once in the same manner as the above-mentioned 1, at the victim’s residence.

As a result, the Defendant had sexual intercourse with the victim three times by taking advantage of the victim's mental disability which makes it difficult for him to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against the F;

1. Statement made by the police with regard to F;

1. A statement video CD or stenographic record;

1. Application of Acts and subordinate statutes to persons eligible for disability benefits, such as investigation reports (temporary correction of crimes), investigation reports, certificates of persons with disabilities, diagnostic certificates, diagnosis certificates of each disability, investigation reports (verification of major disabilities and disability ratings), pension for persons with disabilities, disability allowances, and written confirmation of persons eligible for disability benefits;

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

1. Aggravation of concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with disabilities prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (1) of the same Article which has the largest degree of punishment];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program.