A defendant shall be punished by imprisonment for seven years.

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

Punishment of the crime

[Criminal Power] On June 15, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s public order branch, and completed the execution of the sentence on April 8, 2014.

【Criminal Facts】

1. Around 18:00 on September 2, 2014, the Defendant: (a) committed an indecent act by force against a victim of a mental disability, by inserting her hand to the lower end of the victim E (n, 21 years old) who is a disabled person of Grade II with intellectual disability in front of the entrance of the first floor of the D Chinese house (hereinafter “instant restaurant”) in which the Defendant is working in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant restaurant”); and (b) committed an indecent act by force against a victim of a mental disability.

2. On September 3, 2014, the Defendant, at around 19:30 on September 3, 2014, committed rape by putting the Defendant’s sexual organ into the second-class accommodation of the restaurant in the above paragraph (1), resulting in leakage in the second grade of the intellectual disability, who is a disabled person of the second grade of the victim, leading the victim to the chest of the victim, “the victim is not “attening” and “the victim’s horses” and “the victim’s horses are not “attening,” under the influence of the victim’s resistance, exceeded the victim’s lower part, and putting the Defendant’s sexual organ into the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness F in the first protocol of the trial;

1. Legal statement of witness G;

1. Two copies of a video camera;

1. Medical records for victims of sexual assault;

1. Previous records: Application of inquiries, such as criminal records, criminal investigation reports (prior records and confirmation of repeated crimes of the accused);

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act, Article 6 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act and Article 297 of the Criminal Act;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier.