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A defendant shall be punished by imprisonment for five years.
The defendant shall order the completion of a sexual assault treatment program for 200 hours.
Reasons
Punishment of the crime
From April 2015, the Defendant began to reside in the same house as the victim and D from around April 2015 as a person in a de facto marital relationship with D, who is the mother of the victim C (n, 15 years of age).
The Defendant came to know from D that the victim was a disabled person with intellectual disability 37 in the intelligence index 37. When the victim was living together with the victim and became aware that the victim did not refuse to make another person's unfair demand, and was unable to inform the victim of the damage, the Defendant was willing to have sexual intercourse or indecent act with the victim by using it.
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
A. On May 1, 2016, the Defendant: (a) cleaned the victim and D at the head room of the Defendant, 306 of the Gunsan-si building 306, the Defendant: (b) moved the victim and D into the bath room to show the shower; (c) when D, which finished cleaning, left the bridge with the victim; (d) made the victim take the bridge with the victim’s hand; and (e) putting the victim’s bridge into the Defendant’s will by putting the victim’s hand, who was in charge of the Defendant’s bridge, putting the victim into the front room of the Defendant.
B. On June 27, 2016, at around 19:30 on June 27, 2016, the Defendant: (a) at the residence of the victim of F apartment building in the Gunsan-si, the Defendant: (b) had the victim, who, after completing showering the shower, gets the head of the game in the ward; (c) had the victim, who gets the wind from the inner bank, laid his hand into the victim’s inner part; (d) had the victim take the responsibility for the left chest, and (e) had him her
In this respect, the Defendant committed an indecent act against the victim by using the state of difficulty in resistance due to mental disability twice.
2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
A. On May 31, 2016, at around 01:30 on May 31, 2016, the Defendant: (a) considered the victim’s residence of the F apartment of the Simsan-si, a knsan-si; (b) considered the victim’s walk away from a lock to the ward and again enter the victim’s room; and (c) entered the room