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A defendant shall be punished by imprisonment for four years.
The information on the accused shall be disclosed through an information and communications network for five years.
Reasons
Punishment of the crime
On January 13, 2014, around 09:10 on January 13, 2014, while the Defendant was driving a e-cub passenger car in the e-cuba-gun, the Defendant discovered the victim F(n, 20 years of age) with intellectual disability 2, waiting for buses to the welfare center for disabled persons.
The Defendant stated that “the victim is a fluent Gu with disabilities, and will bring the victim to the welfare center for the disabled.” In order to have the victim engage in sexual intercourse with the victim due to the occurrence of the victim’s sexual desire while on board the said car, without having to the above welfare center for the disabled, sent the victim to Husst who is located in G in Yannam-gun, Yannam-gun, Yannam-gun, and parked a car on the seaside by arriving the victim in the 10:20 on the same day at 10:20 on the same day.
The Defendant stated that the victim on the front seat “I am on the back seat, I am on the back seat.” The Defendant also moved the victim to the back seat, put the finger into the back seat of the victim, cut the chest into the back seat of the victim, cut the victim on the back seat, putting the victim on the part of the victim, laid the victim on the part of the back seat, added the son into the back seat, and had sexual intercourse once by inserting the sexual flag into the part of the victim’s sound.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability such as disability to resist or to resist.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Act and subordinate statutes governing the recording of statements to F;
1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on Crimes;
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 proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (where special circumstances exist to prevent the defendant from imposing an order to complete program, considering that the health of the defendant is not good);
1. The punishment of sexual crimes against disclosure or notification orders; and