A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, at early October 2014, had had the ability to discern things or make decisions due to mental retardation, had sexual intercourse once, with the victim’s clothes, with the intent of having sexual intercourse with the victim, who is a person who is unable and rarely unable to communicate due to brain-disease disorders (class 1), or who is the victim D (age 23) at one’s own house located in Sinpo C Apartment 101, 1401, 1401, and 1401.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental condition of relatives.

Summary of Evidence

1. Defendant's legal statement;

1. A gene assessment certificate, family relation certificate, D disabled person certificate, mental and physical diagnosis certificate, and birth certificate;

1. Mental health and physical disability: A certificate of a disabled person (a duplicate, an evidence list No. 6), a claim pre-survey, and a fact inquiry (court investigator) shall apply to statutes;

1. Article 5 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 299 of the Criminal Act;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, 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 [the age, occupation, home environment, social ties, relationship between the defendant and the victim, previous convictions (no record has been punished for sexual assault crimes, risk of recidivism, and other benefits and preventive effects expected by the order to disclose or notify this case, and disadvantages and side effects therefrom, etc.