A defendant shall be punished by imprisonment for four years.

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

Criminal facts

On August 17, 2013, at around 21:50, the Defendant: (a) had been married to a park be held in Sejong Special Self-Governing City, Sejong Special Self-Governing City’s complex; (b) had been aware that the victim D (Woo, 27 years of age) with intellectual disability 1 is D and D, “Ii, Ii,” and “Ii,” and the Defendant’s arms are detrimental to the victim; (c) had sexual intercourse with the victim using the Defendant’s arms; and (d) had the victim under the above C apartment △△△△dong underground stairs, the Defendant exceeded the victim’s will and panty; and (d) had sexual intercourse with the other Defendant’s sexual organ listed above the body of the victim by inserting it into the body of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental disability.

Summary of Evidence

1. Statement to the effect that the defendant has sexual intercourse with the victim at the time and time as stated in the ruling in this Court;

1. Legal statement of witness E;

1. Statement in the police statement concerning D;

1. Investigation reports, investigation reports (in cases of victims' medical records), entries in medical records, and application of video-related Acts and subordinate statutes;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes and the Punishment, etc. of Sexual Crimes Aggravated Punishment (Optional to Imprisonment with prison labor);

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

4. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in the absence of the same criminal record for the accused, it is difficult to readily conclude that the accused has a habit of sexual assault, and the risk assessment of sexual assault offenders against the accused falls under the scope of “intermediate” with the total point of 11 as a result of K-STRAS, and there is no alcohol problem or deviating motive.