A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment became final and conclusive.

(e).

Punishment of the crime

【Criminal Records of Crimes】 On February 26, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for special injury at the Daegu District Court and three years of suspended execution, and the said judgment became final and conclusive on March 5, 2016.

【Criminal facts against the Defendant】 From August 2013, 201, the Defendant committed a crime

9. From around 10:00 to the first police officer, D, operated by Youngcheon-si C, Youngcheon-si, would be able to stop from “E Scki.”

During that period, the Defendant had sexual intercourse with the victim F of Grade 3 of the Intellectual disability of D (I, 46 years of age, intelligence index 59, social age 8.17 years of age) in order to leave the above Schlage and conduct an election campaign, using the fact that the victim's intelligence, recognition, and thinking ability is limited and sexual physical contacts or sexual relationships are not possible to accurately recognize and cope with the meaning of sexual relations.

The defendant, by hand, pushed the victim's chest over the part of the victim, flabed the victim's body, cut off the clothes of the defendant, cut off the victim's body, flabed the victim's upper part and brue toward the chest of the victim, flabed the victim's upper part of the chest, flabed the victim's left chest, and flab out the victim's part.

The defect that the victim intends to put the victim in his hand, the defendant was found to have been unable to put the victim out again by putting the victim's chest by hand, putting the victim out again, putting the victim out of the victim's panty, intending to have sexual intercourse with the victim, but intending to have sexual intercourse with D who returned to the victim's spores.

Accordingly, the defendant tried to have sexual intercourse with a person with mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Recording records of the statement;

1. Statement made by the police against D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Articles 15 and 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Crime;

1. Statutory mitigation (unauthorized disability) Articles 25 (2) and 55 (1) 3 of the Criminal Act;

1. The Criminal Act dealing with concurrent crimes;