A defendant shall be punished by imprisonment for four years.

The defendant's disclosure of information to the public shall be made through an information and communications network for ten years.

Criminal facts

On December 2, 1993, the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") were sentenced to two years and six months of imprisonment with prison labor and three years of suspended execution due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (special rape, etc.) at the Busan High Court, and on November 16, 1995, the court was sentenced to two years and six months of imprisonment with prison labor due to rape, etc. at the same court. On July 16, 2003, the same court was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (residential Rape, etc.) and the judgment became final and conclusive on October 9, 200 and completed the execution of the sentence at the Ansan Prison on July 29, 2008.

【Criminal Facts】

On February 5, 2013, at around 13:30 on February 5, 2013, the Defendant discovered that there is a victim D with intellectual disability 2 in the river bank located in Hadong-gun, Chungcheongnam-dong, Chungcheongnam-do, and changed to a floodgate opening and closing in the vicinity.

At this point, the defendant was kis in the victim's entrance, put his finger into clothes, cut his chest, and rejected the victim's "ma." However, he continued to be exempted from the victim's bar, and used the defendant's official approval colorer to cover it on the cement floor, and was raped once by putting the victim on sexual intercourse.

Accordingly, the Defendant raped the victim with mental disability by deceptive means or by force.

[In light of the fact that the Defendant had the same history three times, the victim committed a crime using the same mental disability, and the victim did not reach an agreement with the victim, etc., it is highly likely to again prevent sexual crimes even after release.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Video recording report (victim D), stenographic records, and video CDs;

1. The written opinion and factual nature of experts in sexual assault cases against children and persons with disabilities;