A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On June 25, 2015, the Defendant, at the home of the Defendant, 08:30 Gwangju Nam-gu Clla 201, had sexual intercourse with the victim with mental disorder 3 of the victim with mental disorder 3 of the same Blla 302 (in female, 41 years of age, hereinafter the same shall apply), who was in coloring the head of the victim's 302, on his/her own hand, left the victim on the floor, left the victim on his/her body, and she was sexual intercourse with the victim with sexual intercourse once by force after he/she forced his/her resistance, and she had sexual intercourse with the victim who has mental disability by force.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. The statement of the victim recorded in the video recordings;

1. A statement of the opinion of the victim prepared by D in order to make it appropriate for such statement;

1. A statement that conforms to the gene assessment written by the National Institute of Scientific Investigation;

1. The description appropriate for such statement out of a copy of the welfare card for victims;

1. The application of a summary statute to any image statute that conforms to such a summary;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing shall be considered);

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

1. Grounds for sentencing under the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment for two years and six months to fifteen years;

2. The scope of recommended sentences according to the sentencing guidelines (the determination of types of sex offenses) and the general standards for sex offenses against persons with disabilities (at least 13 years of age), types 4 (Rape) (the scope of recommended sentences), the penalty not to be imposed (the factors of mitigation) (the factors of mitigation) shall be sentenced to imprisonment for 4 to 7 years (the areas of mitigation);

3. Determination of sentence: Imprisonment with prison labor for three years, the defendant has been sentenced five times or more to sex crimes, such as the crime of rape or bodily injury, and has returned to the crime of this case, and the victim has been aware that he/she is a disabled person and clearly expressed his/her intention of refusal.