A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Criminal facts

The Defendant had sexual intercourse with the victim C, who was well aware of the intellectual disability level 2 and hearing disability that he had a mental and physical disability with the victim C, who had a mental and physical disability. From May 1, 2013, the Defendant: (a) sought to have sexual intercourse with the victim’s house located in Gyeong-gun, Gyeongnam-gun; (b) went off the clothes of the victim who resisted the victim; and (c) went off the body of his body one time after going to the body, and had sexual intercourse with the victim who has a mental and physical disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Stenographic records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) applicable to the crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act (Consideration of sentencing data in favor of the following):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an order to complete a program (wholly amended by Act No. 11556, Dec. 18, 2012)

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to 15 years;

2. Scope of recommendations based on the sentencing guidelines: Imprisonment with prison labor for a period of four to seven years (the determination of a type): A sex offense subject to persons with disabilities (special-speed persons aged 13 or older): A mitigated element of rape (the determination of a recommended field): Where a deceptive scheme or force, which is not a assault or threat, is used [the scope of a recommending area] mitigated area] from four to seven years [the mitigated element of a general person] mitigated area: A mitigated factor of a deposit of an amount equivalent to the amount of money: A use of trust relationship with a person;

3. The defendant has sexual intercourse with a victim who has a intellectual disability by force, and the nature of the crime is committed.