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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 31, 2014, the Defendant was introduced the Victim C (Inn, 41 years of age) as a person with intellectual disability in the third degree.

around June 2, 2014, the Defendant drinked with the victim D and E, who met with the victim, and went to the Defendant’s house with the victim and E, and returned home to the victim.

The defendant, with knowledge that the victim was disabled with intellectual disability in the third degree, who was unable to make a normal judgment on sexual acts because of low intelligence, has used it to have sexual intercourse with the victim.

1. 피고인은 같은 날 23:00경 인천 연수구 F, 102호에 있는 피고인의 집에서 피해자에게 ‘몸에서 냄새가 난다’면서 피해자의 옷을 모두 벗겨 함께 목욕을 한 후, 피해자에게 자신의 트레이닝복을 입게 하고 자신의 무릎에 앉혀 막걸리를 마시다가 피해자의 가슴을 만지고, 피해자의 옷을 벗겨 방바닥에 눕게 한 후 피해자에게 ‘내 말 안 들으면 목사님이랑 아빠한테 소문내겠다’라고 말하면서 피해자의 입에 피고인의 성기를 가져다 대면서 ‘빨아라’고 하고, 이를 거부하는 피해자의 머리에 주먹으로 꿀밤을 1회 때려 피해자로 하여금 피고인의 성기를 빨게 하고 이후 피해자를 1회 간음하였다.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. The Defendant, as described in the above paragraph (a), had sexual intercourse with the victim once, who had committed too late sexual intercourse with the victim, who was able to keep the victim at home, and was locked from the locking at around 05:0 on the following day, and had sexual intercourse once with the victim, who had already been able to attract the Defendant due to the same circumstances as the above paragraph (a).

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Part of the defendant;