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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant is a person who lives in Dong Dongdong, such as the victim B (n, 23 years of age), and the victim is a person with intellectual disability of class 2 with the intellectual level of 41 of the total intelligence index and 6 years of age and 8 months of social maturity test.

On July 2018 to August 8, 2018, the Defendant discovered the victim who was under the Presidential Decree of the Republic of Korea, moved the victim with his house, formed a drinking water and friendly ties, and followed up the victim's intellectual disability to have sexual intercourse with the victim by taking advantage of the fact that the victim is unable to resist properly due to intellectual disability.

피고인은 2018. 9. 2. 17:00경 피고인의 집 근처 세차장에서 우연히 피해자를 만난 뒤 피해자를 간음하기로 마음먹고, 원주시 C, D호에 있는 피고인의 집으로 피해자를 데리고 간 뒤 옷을 벗겨 이불 위에 눕힌 뒤 키스를 하고, 피해자의 가슴을 빤 뒤 피해자의 성기에 피고인의 손가락을 넣어 만지고, 피해자의 성기에 피고인의 성기를 삽입하였다.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability such as disability to resist or to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Records of statements made by victims;

1. Statement and analysis opinion: 112, respectively;

1. Application of Acts and subordinate statutes to medical certificates, medical opinions, and psychological evaluation reports of persons with disabilities;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, 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. Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;