A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On June 25, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compreting of Persons with Disabilities) in the Gwangju District Court's Support for Promotion of the District Court. The above judgment became final and conclusive on July 1, 2013.

The defendant had a mind to have sexual intercourse with the victim C(V) with mental disorder 2 with a view to having the victim C(D) unable to resist due to mental disorder.

1. On July 2010, the Defendant: (a) discovered the victim (at the beginning of July 13, 2010, around 13:00, around F in order to find out the victim (at the time, 48 years old); (b) led the victim to the victim’s hand, knife the victim’s hand, and knife the Defendant’s residence inside the Defendant’s residence located in the Jeonnam-gun Gun G; and (c) demanded the victim to have sexual intercourse; and (d) the victim, who cannot resist due to mental disorder, voluntarily deviates from his clothes, was set off on the floor, and the Defendant was sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim who is unable to resist due to mental disability.

2. On August 2010, the Defendant: (a) discovered the victim (at the time, at the age of 48) in the old world E in order of August 15, 2010, around 15:0 and around August 2010; (b) led the victim to the inside of the Defendant’s residence as indicated in paragraph (1); and (c) had sexual intercourse with the victim once in the same manner as indicated in paragraph (1).

Accordingly, the defendant has sexual intercourse with the victim who is unable to resist due to mental disability.

3. On December 2010, the Defendant: (a) discovered the victim (at the time, 49 years of age) in the old room E in order of December 16, 2010, around 16:30, and tried to have sexual intercourse with the victim in the same manner as the Defendant stated in paragraph (1); (b) tried to have sexual intercourse with the victim in the manner described in paragraph (1), but the victim did not have sexual intercourse with his/her intent by making his/her birth.

Accordingly, the Defendant attempted to have sexual intercourse with a victim who is unable to resist due to mental disability.

Summary of Evidence

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