A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The Defendant, as the natives of the victim C (ma, 21 years old), who is a disabled person of Grade III with intellectual disability, was willing to have sexual intercourse with the victim by force by using the victim’s right to resist easily.

From around 22:00 to 23:00 on August 2017, the Defendant entered the room of the victim, and carried out games with the Defendant. While the Defendant was willing to be forced to be exempted from the victim’s clothes, the Defendant was forced to get off the victim’s clothes, and the Defendant was forced to get off the victim’s clothes while refusing to get off the victim’s clothes “I am off, I am off the clothes and clothes, I am off the victim’s chest, and am only the victim’s clothes, and sexual intercourse by inserting the Defendant’s sexual organ into the victim’s sexual organ.

Accordingly, the defendant has sexual intercourse with the victim who is a intellectual disabled person by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against C;

1. Statement made by the police for E;

1. Two stenographic records or video recorded CDs;

1. Family relation certificate, etc.;

1. Records on the progress of support services;

1. Determination on the assertion of the defendant and his/her defense counsel regarding the disabled certificate and disability diagnosis certificate

1. The summary of the argument recognizes the fact that the defendant has sexual intercourse with the victim by force, but there is no fact that the defendant prevents the victim from suffering.

2. The following circumstances acknowledged by the evidence examined by the court of this case, i.e., (i) the police and the prosecution consistently stated to the effect that “the victim made a sexual intercourse by force against the victim,” and (ii) the parent was locked at the Defendant’s home room at the time of the instant crime, and thus, there is sufficient room to prevent the Defendant from suffering the victim, in order to prevent the victim from resisting and resisting his sound or requesting the assistance of his parent.

(3) The special reasons for the victim to state false facts or to identify the defendant are shown differently.