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

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

Punishment of the crime

A victim B(n, 27 years of age) is a mentally disabled person of the third level of mental disability who has been living in her from the third year of high school due to early her own illness (a mental disease that suffers from a sense, loss, disability in the course of accident, and symptoms of deviation, etc.).

The defendant is between the victim and the neighbor.

1. On June 23, 2019, at around 17:07, the Defendant: (a) was installed in the Gangseo-gu Seoul Metropolitan Government C building; (b) the elevator installed in the Defendant’s residence located in the Gangseo-gu Seoul Metropolitan Government C building; (c) on the grounds of the Defendant’s strong will and play; (d) when the victim was on board the elevator and moved to the Defendant’s residence, the victim’s chest was released by the Defendant’s own hand; (c) the victim was moving the victim into the Defendant’s residence; and (d) the victim was in a difficult situation to resist due to the above disability; and (d) the victim was able to have the Defendant grow by the Defendant’s hand.

Accordingly, the Defendant committed an indecent act by force against the victim with mental disability as above, and committed an indecent act against the victim by using that victim was in a situation where it is difficult to resist due to mental disability.

2. On June 26, 2019, at around 10:18, the Defendant, at the residence of the Defendant, such as the foregoing paragraph (1) above, met the part of the victim who was in a difficult situation to resist due to the above disability, and caused the victim to have the sexual intercourse with the Defendant.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s mental disability that makes it difficult for him to resist.

3. On June 28, 2019, the Defendant: (a) around 16:27, at the residence of the Defendant, such as the foregoing paragraph (1) on June 28, 2019; (b) met the part of the victim’s sexual organ, which was unable to resist due to the foregoing disability; and (c) caused the victim to have the sexual organ of the Defendant met; and (d) put the victim’s fingers into the part of the victim’s sexual organ by using the victim’s physical condition that it is difficult for him to resist due to mental disability.

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