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

The defendant shall complete a sexual assault treatment program for 80 hours.

Punishment of the crime

On April 3, 2014, between 06:00 and 07:00, the Defendant: (a) at the “D” guest room located in Busan Shodong-gu, Busan; (b) knew that there was no place where the victim E (hereinafter, 31 years old) was fluorily fluord with fluor and fluort with fluor’s friendship; and (c) fluord with the her mother to drink the alcohol while drinking together; (d) went off the victim’s body fluor; (e) fluord the victim’s chest; and (e) inserted the Defendant’s sexual organ into the victim’s sexual organ into the victim’s sexual organ, regardless of the victim’s fluoring and resisting it by hand.

Thus, the defendant raped the victim with mental disability.

Summary of Evidence

1. Each protocol concerning the examination of the accused by the prosecution;

1. E’s statement recorded in the video CD (No. 6 of the evidence list);

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to written opinions of experts on sexual traffic of children or persons with disabilities;

1. Relevant Article on the facts constituting an offense, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 297 of the Criminal Act;

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

1. In full view of all the circumstances, such as the favorable circumstances that the Defendant did not have a sexual crime record, etc., under which it is difficult to view that the Defendant is highly likely to recommit a sexual crime in light of the following circumstances, such as the reason for sentencing, and the background leading up to the instant crime, the relationship with the victim, etc., and the benefits and the preventive effects expected by the Defendant’s disclosure and notification order, as well as the disadvantages and side effects therefrom.