Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the disabled in the second degree of intellectual disability, the victim B (n, 25 years of age) is also the disabled in the second degree of intellectual disability, and the defendant and the victim are the friendship relationship accompanying the disabled.

Around July 2018, when the defendant lacks the ability to discern things or make decisions due to the above intellectual disability, the defendant left the victim's residence to the victim's residence in Speaker C and D, and after the victim's phrase, "on duty" from the victim, the victim was under the influence of suffering from the victim's injury against the victim's will while entering the above residential area, indicating the victim's intention of refusal, and making the victim's body sealed the defendant's body by hand, the defendant was unable to resist against the victim's chest and gender. After the victim's chest and gender were replaced with the victim's chest and gender, and the victim was removed from the victim's clothes, and after the victim was removed from the victim's clothes, the victim's chest and fingers were added to the victim's finger and finger, and the victim's sexual intercourse was added to the victim's sexual intercourse by inserting the victim's sexual organ.

Accordingly, the defendant raped the victim who is the disabled.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. The statements of victims, statements analysis experts, written opinions, welfare cards (B) recorded in each victim's statement video CD;

1. Issuance of a copy of medical records, and the application of statutes on welfare cards;

1. Relevant Article on the facts constituting an offense, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 297 of the Criminal Act;

1. The psychological examination report prepared for the defendant who was 17 years old at the time of mental health clinical psychologist E (Psycholol Report, 115 pages of investigation records) of the former Criminal Act (Amended by Act No. 15982, Dec. 18, 2018) / Article 10(2) and (1) and Article 55(1)3 of the former Criminal Act (Amended by Act No. 15982, Dec. 18, 2018).