A defendant shall be punished by imprisonment for five years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

1. On October 26 to 28, 2012, the Defendant and the respondent for the attachment order (hereinafter referred to as the “Defendant”) were seated above the victim E (the victim’s 18 years old at that time) with his/her left chest and her knife in front of the venue of the “D” event site located in Busan Western-gu, the front place of the stage performance, where the Defendant and the respondent for the attachment order (hereinafter referred to as the “Defendant”) were seated above the victim E (the victim’s 18 years old at that time) with his/her own hand.

Therefore, the defendant made indecent acts by compulsion against the victim with mental disability.

2. The Defendant, at the date, at the time, at the place, as mentioned in the above 1.1 location, reported that the said victim was committed an indecent act and was unable to properly resist due to the disability, and received the mind of having sexual intercourse with such female, and taken the said female into the Defendant’s house away from 100 meters from the place, and went back to the said victim’s hand.

Therefore, the defendant kidnapped the victim for the purpose of sexual intercourse.

3. The Defendant, like the above 1. paragraph 1. at the Defendant’s house located in Busan Hagu F, set the door of the defect about which the above victim sought to go, cut off, and dried up “I are fright, she is frighten, she is frighten, and she has sexual intercourse once with his/her clothes.”

Thus, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. E’s statements and records recorded in the video CD;

1. An intermediary's report, a professional opinion on sexual assault against persons with disabilities, a psychological evaluation statement, and a reply related to investigation into persons with disabilities;

1. Application of Acts and subordinate statutes to each investigation report (Attachment, such as the D event chart, matters to be resolved by victims, counseling logs, etc., suspect A specific criminal suspect A, face-to-face criminal investigation of the accused, and accompanying records

1. Article 6(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), Article 6(3) of the Criminal Act regarding criminal facts, and the provision of the Act on Special Cases Concerning the Punishment