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A defendant shall be punished by imprisonment for five years.
The defendant is a child or juvenile-related institution, etc.
Reasons
Criminal facts
The facts of the cause of probation order [crimes] Victim B (V, 25 years old) are the total intelligence 31, language intelligence 38, social age 6.0 and social intelligence 38, with severe disability.
Defendant
In addition, around September 10, 201, the person against whom the attachment order was requested or the person against whom the probation order was requested (hereinafter referred to as the "defendant") was requested was aware that it is difficult for the victim to properly express his/her will as a disabled person by being sentenced to a fine of five million won due to the violation of the Child and Juvenile Protection Act (Rape, etc.) in the Daegu District Court Port Support on May 14, 201, when the victim's her her son was placed with only one hand and three times his/her her son was placed with another hand.
On March 6, 2020, the Defendant discovered the victim who is riding a bicycle at the port C elementary school at the port port, moved to D at port on the part of the victim that he breabed. Then, the Defendant got the victim to breab and bread the victim, and she got the victim to bel.
Around March 19:18, 2020, the Defendant kidds the victim’s entrance, and kidds the victim, and kids the victim “be off, off, off, and off, off, off, gards all clothes.” A cleaning agent, kids the victim’s chest and bet, kids the victim’s chest and bet, brud, 5 times the victim’s sexual organ in the victim’s sexual organ, and inserted the victim’s sexual organ more than three times through four times in the victim’s sexual organ.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's difficult state of resistance due to mental disability.
[Fact that constitutes a ground for probation order] The Defendant is likely to recommit a sexual crime against a sex offender as above.
Summary of Evidence
1. Defendant's legal statement;
1. B’s statement contained in the statement recorded CDs;
1. The police statement concerning G;
1. Investigation report (related to the preparation of the statement of witness), 112 report handling table, investigation report telecomer's business statement and CCTV.