A defendant shall be punished by imprisonment for six years.

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

Punishment of the crime

A victim B (a person, a man, 22 years old) was judged as a person with a mental retardation disability and was in a situation where it is difficult to actually exercise or express sexual self-determination due to a mental disorder.

Around 19:00 on March 30, 2018, the Defendant first stated that the Defendant borrowed a mobile phone and that the Defendant “D” was “D”, and that the Defendant was able to take the Defendant’s house located in F apartment G when the Defendant driven by the Defendant, and divided the Defendant’s talk with the Defendant. On the other hand, the Defendant was able to see the Defendant first, repeated the same words, repeated and repeated, and different people, and the Defendant was aware that there was a mental disorder with the victim.

At around 20:00 on the same day, the Defendant drinked the victim with his mind to have sexual intercourse by taking advantage of the victim’s difficulty in resisting due to the above mental disorder, exceeded the victim’s clothes and clothes within the Defendant’s room, cut off the victim’s clothes, and kis promptly and kis, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's difficulty in resisting due to mental disorders.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness H in the third protocol of trial;

1. B’s statements contained in each video recording CD;

1. A report on internal investigation, CCTV search, on-site photographs;

1. Application of Acts and subordinate statutes to a gene appraisal statement;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 297 of the Criminal Act;

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

1. The punishment, etc. of sexual crimes exempted from disclosure orders and notification orders;