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 April 16, 2015, the Defendant knew that the victim was incapable of judgment as a person with intellectual disability, while drinking the mixed alcoholic beverage at a restaurant located in Singju City, around 16:00, the Defendant got sexual intercourse with the victim D(W, 38 years old) of intellectual disability 3, which had been drinking the mixed alcoholic beverage.

The defendant's "Is you drink a large amount of alcohol".

In other places, the victim was frightened with the house of the defendant in the city E, who was frighten and frighting from a taxi, and the victim was frightened on the inside of the room, and then the victim was frightened on the body of the victim who was rejected by the defendant, and the victim was frightened once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of stenographic records and results of statement analysis;

1. A report on psychological evaluation of victims;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigative report (in cases of attaching a victim DNA photo), investigative report (in cases of hearing reports from the reference witness F.), investigation report (in cases of hearing statements at G cafeterias),

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered among the reasons for sentencing).

1. Article 62 (1) of the Criminal Act on the stay of execution (The following consideration shall be made repeatedly for 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 to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 49(1) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no history of sex offense; the Defendant has a criminal tendency against many unspecified victims in consideration of the frequency and form of the instant crime;

In this case, it is difficult to conclude.