A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

1. On December 4, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. of Persons with Disabilities) at the house of the victim D (the age of 46) located in Busan-gun C, Busan-gun, and decided to commit an indecent act against the victim by using the victim’s 1st intellectual disability falling short of the mental judgment capacity of the victim, and between the victim’s husband and her husband took the victim’s house for the purpose of drinking alcohol and took the victim’s chest back to the toilet, and let the victim talked with the victim’s chest.

Therefore, although the victim refused to tightly, the defendant was raised by his hand by entering the victim's name and broding, and the defendant was frightened with the victim's left chest, exceeded the victim's right chest, and raised the defendant's grandchildren into the part of the victim's sound.

As a result, the defendant committed an indecent act against the victim by taking advantage of the victim's difficulty in resisting due to mental disability.

2. Between 00:30 minutes on December 5, 2013, the Defendant: (a) discovered the victim’s house; (b) discovered that the locked together with the victim was defrised; (c) committed an indecent act by compulsion; (d) tried to attract the victim to commit an indecent act; (d) exempted the victim’s chest and boom; and (e) took off the victim’s chest by the Defendant’s hand; and (e) laid down the victim’s chest with the Defendant’s finger; and (e) laid down the Defendant’s finger into the part of the victim’s sound.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental condition.

Summary of Evidence

1. The defendant's partial statement in the first trial record;

1. Statement recording recorded by the police against D;

1. Each police statement of E and F;

1. A certificate of persons with disabilities and a certificate of disability diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (Notification of Results of Request for Expert Opinion);

1. A prosecutor under Article 6(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on Criminal Facts, and Article 298 of the Criminal Act;