A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On January 2014, the Defendant became aware of the victim C (class 3 of women, 16 years of age, intellectual disability) through smartphone hosting.

At around 20:00 on January 31, 2014, the Defendant heard the horses that “the Defendant had sent out” from the victim during the hosting, sent the victim to a 305 room of the E-high school building located in the Daegu Suwon-gu, Daegu Suwon-gu, with the victim’s name in the above D.

After having received delivery drinking, the Defendant exceeded the clothes of the Defendant in the toilet, and laid off the body of the Defendant from the toilet, cut off the body of the Defendant, and sweld with the Defendant, who was on the part of the victim, and sweld in the bel.

As a result, the defendant has sexual intercourse with a juvenile with a disability who lacks the ability to distinguish things and make decisions due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. C’s statement contained in the video CD;

1. Each investigation report (for a person who is aware that he/she is a minor, surrounding the scene of the crime);

1. The initial interview place and counseling place;

1. An expert opinion on sexual assault incidents against persons with disabilities;

1. A copy of a welfare card;

1. Application of the Kakao Stockholm Regulations

1. Article 8 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Determination on the assertion of the Defendant and the defense counsel under Article 21(2), (3), and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the assertion is that the Defendant was aware of some parts of the body part, such as the victim’s chest, but did not have sexual intercourse. At the time of the instant case, the Defendant was aware of the fact that the victim was a juvenile, but was unaware of the fact that the victim was a juvenile.

2. Determination

A. We examine the argument that the victim did not have sexual intercourse, i.e., this Court.