A defendant shall be punished by imprisonment for four years.

The information on the accused shall be disclosed through an information and communications network for three years.

Criminal facts

The facts of the cause of probation and probation order [criminal facts] The defendant and the requester for attachment order (hereinafter referred to as the "defendants") and the victim B (the family name, the age of 51) are neighboring residents, and the victim is the victim of the first grade of the mental retardation (the level of disability of the first grade Q=34, the level of disability of the second grade of the mental retardation (the age of 4 years and the mental age of 9 years).

At around 11:00 on August 22, 2019, the Defendant made the victim’s house in the Yong-gun, Sungsung-gun, the Defendant entered the victim’s house with the phrase “to give a coffee” and, on the other hand, made the victim in a state where he is unable to resist due to mental disorder, “at the victim’s seat” means “at the victim’s seat,” and brought the victim’s hand and met his sexual organ, and then inserted his sexual organ into the victim’s resistance.

As a result, the Defendant committed similar rape, taking advantage of the victim's difficulty in resisting due to mental disability, into the victim's resistance to put his sexual organ into the victim's resistance.

[In addition to the instant case, the Defendant was sentenced to a fine of 1.5 million won on June 30, 2008 due to the crime of indecent act by force on the part of June 30, 2008. Since the Defendant committed a sexual crime more than twice and is likely to recommit a sexual crime against a person with mental disability, it is necessary to put him on probation after the execution of a sentence in order to re-socialize by preventing recidivism and correcting personality and behavior.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (victim B);

1. Each report on internal investigation (including each accompanying document No. 2, 4, 15, 17, 22);

1. Each gene appraisal document (No. 16,23 No. 16,00);

1. Clinical report, certificate of a disabled person, and certificate of a disability;

1. The risk of recidivism in the judgment below: The following circumstances revealed by the evidence adopted and examined by this court, i.e., the Defendant’s intellectual disability.