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A defendant shall be punished by imprisonment for four years.
The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
At the end of April 2013, the Defendant: (a) took advantage of the state of intellectual disability of grade C (n, 19 years of age) with the victim’s intellectual disability of grade C; (b) took the victim’s house in which the victim reported the mixed TV in order to have the victim engage in sexual intercourse; and (c) made the victim enter the victim’s house in the mix of Defendant’s house in the south-west Navy-gun-gun, and made the victim take the part of the victim, knife the victim’s hand, knife the victim’s hand, and knife the victim’s hand at his house, and sexual intercourse with the victim who has a mental disability by putting the victim out of his clothes, and sexual intercourse with him by force.
Summary of Evidence
1. Defendant's legal statement;
1. C Video tape CDs;
1. Application of investigation reports (verification of mental retardation disorder of the other party to the school), clinical psychological assessment reports (C) and Acts and subordinate statutes;
1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) applicable to the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18, 2012); Article 16 (2) of the Addenda of the same Act (Act No. 10567, Apr. 7, 201)
1. Article 37 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) subject to the disclosure order;
1. Where a conviction becomes final and conclusive with respect to the facts constituting a crime indicated in the judgment on the registration of personal information under Article 41(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012), the Defendant constitutes a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012), and Article 5(1) and Article 43 of the same Act of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Act No. 1156, Dec. 18, 2012).