A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

In 2014, the Defendant came to know that there was a intellectual obstacle to the victim C ( South and 19 years of age) who was playing in the Defendant's house according to B.

1. On December 10, 2016, the Defendant committed the crime: (a) around 17:00 on December 10, 2016, at the Defendant’s home located in Johcho-si, Johcho-si; (b) took the victim’s sexual organ against B at his own room; (c) was off the victim’s inner organ; (d) was off the victim’s sexual organ; and (e) continued inserting the victim’s sexual organ into the victim’s inner organ.

2. On December 18, 2016, the Defendant committed the crime: (a) around December 18, 2016, around 17:00, at the Defendant’s home located in Sincho-si D, the Defendant left the victim, who was playing in B, in his/her own room; (b) was off the victim’s inner organ from the victim and his/her adult channel; (c) was cut off from the victim’s sexual organ; and (d) continuously inserted the victim’s sexual organ into the victim’s inner organ.

In this respect, the Defendant committed indecent acts on the part of the victim by making it difficult for the victim to resist due to mental disability twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, E, and F;

1. Determination as to the assertion by the defendant and his/her defense counsel in a domain, stenographic record, certificate of disabled person, disability grade decision, photograph, disability diagnosis report, psychological assessment report, and mental opinion

1. Summary of the assertion

가. 피고인은 범죄사실 기재 일시, 장소에서 피해자와 함께 성인 채널을 보면서 피해자의 성기를 입으로 빤 사실은 있으나, 피고인의 항문에 피해자의 성기를 삽입시킨 적은 없다( 이하 ‘ 제 1 주장’ 이라 한다). 나. 피고인이 피해자의 정신적 장애로 항거 곤란 상태에 있음을 이용하여 피해자의 성기를 입으로 빤 것은 아니다( 이하 ‘ 제 2 주장’ 이라 한다). 2. 판단

A. On December 19, 2016, following the crime No. 2, the victim did not make a statement about the sexual intercourse of the resistance while stating the fact of damage by the police on December 19, 2016 (the investigation record).