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A defendant shall be punished by imprisonment for eight years.
The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
Reasons
Punishment of the crime
A victim C (the age of 20) was diagnosed with Grade II intellectual disability in around 2003, and around April 2, 2013, the result of psychological evaluation conducted on or around April 2, 2013 shows that the intelligence index is less than 30 and less than 4.6 years old, social index is less than 32 years old, and social index is very lacking in the mental retardation level (level of Grade I with intellectual disability), so it is not easy to communicate, and it is impossible to self-support due to lack of daily life ability.
The defendant, who was divorced from the former wife D in 2000 due to the victim's prone, was in custody of the victim alone, but has exercised frequent violence against the victim as a person who transferred the house without any specific residence and occupation and has lived with the disabled's pension.
1. Violence;
A. On February 2013, 2013, the Defendant committed assault against the victim by drinking on the ground that the Defendant and the victim temporarily resided in Suwon-gu E, Busan, where the Defendant and the victim reside temporarily, 101, or 10, on the ground that he could not be known.
B. Around March 6, 2013, the Defendant committed assault against the victim by drinking the victim on the ground that the victim talked about sexual assault damage suffered by the Defendant to the counselor of the sexual assault counseling center with Busan disabled persons jointly and severally with the victim.
2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
가. 피고인은 2013. 2. 중순경, 위 F여관에서, 갑자기 손으로 피해자의 가슴을 만지고 입으로 피해자의 가슴을 빤 다음 손으로 피해자의 음부를 만지고 성기를 피해자의 항문과 입에 삽입하는 등 정신적인 장애로 항거불능 상태에 있음을 이용하여 친족관계에 있는 피해자를 강제로 추행하였다.
B. On March 2013, the Defendant, at the early Felman, has a mental disability in the said Felman.