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

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Punishment of the crime

On October 26, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Seoul Central District Court on November 26, 2012, and the sentence became final and conclusive on November 3, 2012.

The Defendant is between the father D of the victim C(W, 20 years of age) with intellectual disability 2 and the father D of the Dong Dong-dong, and, from January 201, from around 201 to around 20:00, the Defendant had sexual intercourse one time with the victim's anti-compact and panty-compact in Seoul Special Metropolitan City, Gwanak-gu E Apartment-dong's house for the care of the victim of the victim of the victim of the E apartment-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu in Seoul Special Metropolitan City on August 201.

Accordingly, the defendant raped the victim by taking advantage of the state of mental disorder of the victim who was under the sleep.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Protocol stenographic records;

1. Investigation report (in the case of recording statements, answers and pictures directly prepared by the victim), internal investigation report (related to the process of collecting intelligences, etc.), internal investigation report (related to photographs at the scene of the incident), investigation report (the summary of telephone conversations with the victim related to a specific date and time of the crime), investigation report (in the case of Gwanak-gu Office's inquiry report related to the specific date and time of the crime), and request for cooperation

1. Making up the victim's picture and joints;

1. Previous convictions: Criminal records, results of confirmation before and after dispositions, court rulings, application of provisions of Acts and subordinate statutes concerning the progress and search of cases;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 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;

1. Article 37 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Public Order;

1. Article 41(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11162, Jan. 17, 2012).