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

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

Punishment of the crime

Around 17:00 on February 17, 2018, when the Defendant was unable to discern things or make decisions due to intellectual disability 3, the Defendant: (a) around 17:00 on February 17, 2018, the Defendant: (b) took part in the Defendant’s residence located in Pyeongtaek-si B, and (c) took part in the victim C (the victim 22 years of age), who was a neighbor and disabled person with mental and physical disability, was unable to sufficiently express his/her intent to make his/her own decision due to his/her intellectual disability; (b) took part in the victim’s sexual organ, she exceeded his/her clothes; and (c) inserted his/her sexual organ into the victim’s resistance.

As a result, the defendant used the state of difficulty in resistance due to mental disability, thereby putting his sexual organ into the resistance of the victim with a disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Examination protocol of the accused by prosecution;

1. Stenographic records and victim video CDs;

1. A investigative report and a investigative report (a professional opinion of an intermediary);

1. Investigative reports (related to submission of suspect's disability diagnosis reports);

1. Investigation reports (referring to a report on psychological evaluation of victims);

1. Application of Acts and subordinate statutes to investigation reports (the identity of a suspect and attachment of judgment);

1. Article 6 (4) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction becomes final and conclusive on a sex offense subject to registration of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be punished for a sexual crime;