A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

피고인은 김해시 B에 거주하는 사람이고, 피해자 C(가명, 여, 14세)는 김해시 D에 거주하는 지적장애 2급 장애인으로 K-WISC-III 검사(웩슬러 지능검사) 결과 지능지수가 31, 사회성숙도 검사 결과 사회지수가 47.1, VMI 검사(시각-운동 통합 발달 검사) 결과 연령이 5세 7개월에 불과하고, 정신 발육 지연, 지능 저하, 학습 장애, 사고 인지력의 결여, 이해력 저하, 숫자 및 계산 불가, 의사소통의 어려움, 자발성 결여 증세를 보이는 등 중증의 정신 발육 지연 증세가 있어 일상생활 및 사회생활이 현저하게 곤란하므로 제반 영역에서 타인의 보호가 필요한 사람이다.

On March 2016, the Defendant first met the victim who attends the same church in Kimhae-si, and was living together with the victim's money (class 3 intellectual disability), mother (class 3 intellectual disability), and omission (class 2 of the intellectual disability), and knew that he living together with the victim's money (class 3 of the intellectual disability), caused the victim to well follow the Defendant's horses by making the victim go through the above church whenever the victim arrives at the above church, by taking the victim's money back, by taking the victim's house back, by closing the victim's house, and by leaving the victim's house, and by making the victim know that the victim has a lack of intellectual ability different from the normal person, the Defendant committed an indecent act with intent to commit the victim by taking advantage of the fact that the victim refuses or is unable to resist the defendant's demand even if the victim commits an indecent act.

On September 26, 2018, at the top of the victim's house located in D at Kimhae-si on September 26, 2018, the defendant moved the victim to the top of the passenger car and parked the above passenger car to the front of the Gangseo-gu Busan Metropolitan City, while moving the victim to the front of the passenger car. The defendant gets kn's hand into the victim's side, kn's chests and kn's hand into the victim's panty.