A defendant shall be punished by imprisonment for three years.

The seized phone (M-G600S) 1 (No. 1) shall be confiscated.

(b) the defendant;

Criminal facts

On January 13, 2017, a defendant and a person who requested an attachment order (hereinafter referred to as "defendant") were sentenced to a suspended sentence of three years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under the age of 13) at the Gwangju District Court, and the judgment on June 16, 2017 became final and conclusive.

[Criminal facts] On October 2017, the Defendant came to know of the Victim C (A, 17 years of age) through the “B”, which is a hosting attachment.

The victim is a person with intellectual disability with a mental retardation (average intelligence 46, social age 7, and social index 57) with severe social adaptation, who easily complies with the request of others and has no experience in gender relations.

On November 5, 2017, the Defendant, along with food at the Kim Han-bak, in the Sacheon-si Sacheon-si, brought off clothes to the victim who had no awareness of sexual intercourse at the time of drinking, and had sexual intercourse requested to do so.

1. Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse;

A. On November 5, 2017, the Defendant asked the victim to have a new sexual intercourse at DMoel, and the victim said that he/she did not want to do so.

In spite of refusal, “to be properly aware of”, sexual intercourse was made by inserting a threat as if the victim seems to be at the time of drinking, and inserting his sexual organ into the negative part of the drinking victim.

B. On November 6, 2017, the Defendant reported the fact that he/she intends to engage in a sexual intercourse at the same place and at the same time, and that he/she does not refuse to do so.

In spite of such refusal, sexual intercourse was made by inserting his sexual organ into the negative part of a food victim with a threat in the above way.

Accordingly, the Defendant had sexual intercourse with a child or juvenile victim by force over twice as above.

2. A camera or any other person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) shall be punished by the said Act;