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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who resides next to the victim B (in female, 54 years of age) who is a person with a mental retardation second degree disability.

The Defendant knew the fact that the victim was disabled and his mother living together with the victim due to dementia was unable to protect the victim, due to the victim’s usual behavior, horse speculation, etc., and used it to have sexual intercourse with the victim.

On June 11, 2018, the Defendant: (a) at the victim’s house located in Jeonnamnam-gun C apartment D, Jeonnam-gun, Namnam-gun; (b) at the victim’s home, the mother of the victim went out to the outside, and the victim was able to sleep into the victim’s house by taking advantage of the gap in which the victim was mixed; and (c) the victim’s body was sealed by his hand, and the victim was spawned with the victim’s body that was rejected, and had sexual intercourse once.

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. The statements and stenographic records of the victim recorded in the video CD;

1. Application of Acts and subordinate statutes to a certificate of a disabled person, a medical certificate of a disabled person, and an appraisal statement (Evidence No. 30);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and Article 50(1) proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse has no record of being punished for a sex offense, and the Defendant’s age, occupation, family environment and social relationship, details, circumstances, and results of the instant crime, and the effect of preventing sexual crimes subject to registration that may be achieved due to an order to disclose or notify, and protecting