A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 3, 2017, around 23:00, the Defendant 105 Dong-dong 212, Jung-gu, Daejeon, Seo-gu, Daejeon, had the Defendant drinked with friendship, including the Victim F (M, 20 years of age).

The victim's intelligence index is 52 and social index is merely 63 of intellectual disability level 3, which is a mere 63, and the level of words used compared to the age was lower so that the defendant is naturally aware that the victim has disability while dialogue with the victim.

The Defendant, while under the influence of alcohol, she was under the influence of alcohol by the victim, left the panty of the victim, left the panty, prevented the victim from suffering sound by putting him/her into his/her panty floor, and inserted his/her panty into the sound.

As such, the Defendant had sexual intercourse with a victim who has a mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. stenographic records with respect to F (The Daejeon Sea Center), video recording CDs made by victims;

1. Application of Acts and subordinate statutes to a statement assistant report, a written opinion of experts in sexual assault cases against children or persons with disabilities;

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 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an Order to attend a lecture

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of employment restriction, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which is deemed to have committed any sexual crime as indicated by the Defendant, but is also deemed to have been committed by the Defendant, with the background of the crime and the circumstances before and after the crime.