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

To order the accused to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

On March 2015, the Defendant was aware of the lack of intellectual ability compared to the general public, such as those who maintain their livelihood with the collection of abolition and those who became aware of around March 2015, and the victim E (the victim E, 21 years of age, intellectual disability 3 level) first asked the Defendant to wear a bicycle, and changed the pain.

On June 3, 2015, the Defendant reported the victim to G church in order to have sexual intercourse with the victim by using the victim’s intellectual disability in front of the G church located in Seojin-gu, Seoul Special Metropolitan City on June 3, 2015, and the purport that the victim will be 20,000 won by taking advantage of the victim’s intellectual disability, and the victim’s body is added to the victim’s entrance, and the victim’s body is taken back to the parking lot located behind the above church, and then, the Defendant exceeded the victim’s will and panty at that place, and has sexual intercourse with the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that he has difficulty in resisting or resisting.

Summary of Evidence

1. Partial statement of the defendant (as at the fourth public trial date);

1. Each legal statement of the witness H and E;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Part of the third police interrogation protocol against the defendant;

1. Statement made by the police in relation to E;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes, such as a certificate of disability and certificate of disabled persons;

1. Relevant legal provisions concerning the facts constituting an offense, and Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Alternative Sexual Crimes, and Article 297 of the Criminal Act;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

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, and Article 47(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;