A defendant shall be punished by imprisonment for five years.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is a disabled person of the third degree with mental disability, who resides in an apartment, such as the victim's mother C (class 2 with intellectual disability). The victim D (the age of 21, intellectual disability 2, intellectual disability 41, social age 6-7, and 6-7) has intellectual disability at the time of committing the crime, so that the judgment ability, decision-making ability, and response ability is considerably reduced, and sexual assault damage cannot be exercised properly because it is difficult to resist the sexual violence.

On January 7, 2017, the Defendant: (a) around 14:00, at the victim’s residence located in △△△△△△△△△△, the Defendant: (b) when drinking alcohol with the same apartment resident F, the mother C of the victim; (c) when drinking alcohol with the victim, F and C left from the house; (d) when drinking with the victim, the Defendant laid off the victim who was a mobile phone at a small room; (c) “F and C,” put the victim at the door, ki, and kis against the victim; (d) laid off the victim’s will and panty; and (e) sexual intercourse by inserting the sexual flag into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of his mental disability that it is difficult to resist or resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of each victim's statement;

1. Statement made by the police with regard to C;

1. An expert opinion of each disabled female sexual assault case;

1. A certificate of persons with disabilities (Serial 19 of the list of evidence), a medical opinion, a copy of medical records, and a medical evaluation report;

1. Each investigation report (the sequence 30,31 of the list of evidence, the application of Acts and subordinate statutes to the prosecution concerning the accused;

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

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. Exemption from an order of disclosure and notification;