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A defendant shall be punished by imprisonment for seven years.
The information on the accused shall be disclosed through an information and communications network for 10 years.
Reasons
Criminal facts
On August 14, 2002, the accused and the requester for an attachment order (hereinafter referred to as the "defendant") sentenced the Gwangju High Court to a suspended sentence of one year and six months on the grounds of the crimes of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims Thereof (a minor, rape, etc.). On April 22, 2004, the Gwangju District Court sentenced the defendant to a suspended sentence of three years and six months for the crimes of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (a minor, etc. under thirteen years of age) and completed the execution of the sentence on November 10, 206.
The Defendant, “2012 Gohap230,” was an external third village of the victim C(I, 16 years of age) with intellectual disability 3. On August 5, 2012, the Defendant was willing to engage in sexual intercourse with the victim by taking advantage of the fact that the victim, who was playing at the Defendant’s home, was passive due to intellectual disability, and that his expression of opinion is likely to suppress his resistance.
On August 5, 2012, at around 22:00, the Defendant moved the victim to be the bean field in E, with the false statement that the victim was suffering from the Defendant’s house located in Hamp-gun, Hamyeong-gun, Ma, and then the victim was found.
At this point, the defendant laid down his hand into the victim's inner part, boomed the victim's hand that he did not refuse to do so, boomed his resistance, and panty off the victim's panty and sexual intercourse once.
Accordingly, the defendant raped the victim with mental disability.
The Defendant was sentenced to a punishment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (a minor, rape, etc. under the age of 13) and committed again the instant sexual crime within 10 years after the completion of the execution thereof. In light of the circumstances of the instant case and its details, etc., the Defendant is deemed to have a habitive wall and is likely to recommit a sexual crime.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Certificates, etc. of disabled persons;
1. Criminal records;