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

A victim C (n, 40 years old) was seriously abused the face and body of a soldier in the name of the high school at the time of attending the high school, and suffered from mental division due to such aftermath, etc. (all intelligence 51, language 57, movement 50, social index 65, social well-being 65, and 10.4 years old). It is difficult to fully understand the meaning of sexual behavior due to lack of self-harm in daily life, lack of social common sense, behavior or determination by meeting immediate and desire, and even if sexual assault is committed due to such mental disorder, it is impossible or considerably difficult to indicate the refusal intention or resistance.

At around 14:00 on January 27, 2014, the Defendant: (a) while driving a Drop vehicle on the 1 square at the 1st square in Seopopo-dong, Seopopopopopo-dong, in the flap road on the flap side of building; (b) on the vehicle, the Defendant discovered the victim from the road and went to the destination of the victim; and (c) came to know that there was a mental disorder for the victim while talking with the victim several conversationss with the victim; and (d) caused the occurrence of the mental disorder to the victim by advertising it.

The defendant continued to ask the victim "whether or not it can be done once", while driving about 10 minutes of a vehicle, and driving the vehicle near the bridge near the river, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-gu, the body of the victim, let the victim get off from the vehicle, let the victim get off the vehicle, and there is a distance of about 50 meters from the road, so the victim get off the vehicle, let the victim get off his seat at the place, let the victim get off his sexual organ, cut off the Defendant's sexual organ, and put it into the victim's entrance as soon.

Accordingly, the defendant committed similar acts using the victim's mental disability to resist, or to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each video recording CD.