A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On September 29, 2013, around 03:23, the Defendant had sexual intercourse with the victim who was in the state of mental disorder by finding out the victim E (the aged 31) who was in the state of mental disorder and making soup at the soup site of 'D Co., Ltd.' located in Gangseo-gu Seoul Metropolitan Government, and who was in the state of mental disorder by taking advantage of, and taking advantage of, the surrounding place, and having sexual intercourse with, the victim, who was in the state of mental disorder after having taken the victim’s back and panty, and had sexual intercourse with the victim after having taken the victim’s back.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of the CD-related Acts and subordinate statutes (Dr.e., motion picture for entry or exit);

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

4. Whether a case constitutes “any special circumstance to be prohibited from disclosing or notifying the personal information” provided for in 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 as an exception to disclosure and notification orders shall be determined by comprehensively taking into account the Defendant’s age, occupation, and characteristics of the offender, such as the nature of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure or notification orders, preventive effects of sexual crimes subject to registration, effects of protecting the victims of sexual crimes subject to registration, etc. (see Supreme Court Decision 2011Do16863, Feb. 23, 2012), and the aforementioned legal doctrine and record (31 years, occupation, family environment, social relation, and risk of recidivism in this case).