A defendant shall be punished by imprisonment for four years.

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

Criminal facts

The defendant is one-year elementary school of the victim C (nives, 92 birth) under the victim C(nives), and one-year elementary school of the victim C(nives).

Defendant, having well known the fact that the victim of ordinary sense (Grade 2) is lacking intellectual ability, is willing to have sexual intercourse with the victim by using it, and the same year from July 2014 to the same year.

8. On a date irregular 12:00 bus stops located in Chungcheongnam-gun, Chungcheongnam-gun, Taenam-gun, by identifying a mobile phone number of the victim waiting for buses to return home after completing the Korean Private Teaching Institute, and then sending a text message and telephone call;

was made.

The defendant, from July 2014 to the same year, affixed the following day by the defendant.

8. On the date, non-regular and non-regular bus stops enter Fns in and near the bus stops, making use of such bus stops in the state of mental disorder that the victim was unable to resist due to mental disorder at the insular guest rooms in and near the bus stops, and sexual intercourse with the victim's will and panty by inserting his sexual organ out of the victim's sound part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's incompetence status due to mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. stenographic records, statement analysis CDs made by the Gyeonggi Sea Center;

1. A copy of a decision on disability ratings and a report on psychological evaluation;

1. Application of Acts and subordinate statutes to the details of telephone call and text messages sent;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Article 297 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

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 a notification order, the 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).