A defendant shall be punished by imprisonment for six years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Punishment of the crime

On November 11, 2014, between 16:00 to 18:30, the Defendant: (a) reported that the victim E (in women, 14 years of age) with intellectual disability 2 in the vicinity of the Defendant’s residence located in Syang-si, is mixed with each other; and (b) reported that “E” is “I am off, I am off, I am off, I am off,” and had the victim deducted from the Defendant.

Since then, the Defendant exceeded his clothes and tried to get off the victim’s clothes in his dwelling room, and the victim refused to get “marin” to get off the victim’s clothes, and had sexual intercourse by drinking off the victim’s clothes and drinking part of the breast and drinking part of the victim’s clothes, and by sexual intercourse once thereafter.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Stenographic records;

1. An expert opinion on sexual assault incidents against children or persons with disabilities;

1. On-site identification photographs;

1. 112. List of reported cases;

1. Copies of welfare cards for persons with disabilities;

1. Application of Acts and subordinate statutes to report on investigation (where the report is made, the conditions of the scene of the report, the specific circumstances of the person under suspicion, the implementation of video recording of the victim, the submission of written opinions of the victim, and attachment of a certificate

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Grounds for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the main sentence of Article 49 (1) 2 and the main sentence of Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Five years to thirty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Application of the sentencing criteria [Scope of Recommendation] general standards and the category four (Rape) sex offenses against disabled persons (at least 13 years of age) and the basic area (at least 6 years of imprisonment to 9 years) (no special person) of the sentencing criteria;

3. The defendant who made a sentence of sentence has a intellectual disability by taking advantage of the fact that the victim who had a common friendship while living in the same kind of neons was a victim.