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

The defendant shall complete the sexual assault treatment program for 40 hours.

Punishment of the crime

A victim B (the age of 48) is a person who has been judged as a grade 2 with intellectual disability and is in need of a large number of guidance and supervision of others as he/she is delayed at the level of 40 of the total intelligence index and 48 of the social index. A person who is unable to actually express or exercise his/her sexual self-determination due to his/her ability to communicate, judgement, and problem solving ability due to

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the “defendant”) was aware of the victim’s intellectual problems in the course of communicating with the victim in a park before one month, and the victim was willing to commit an indecent act by using the above disability.

On July 17, 2019, at around 11:00, the Defendant got the victim into his residence, and got the victim to her satis, and her satisf by his her satisf, cut the satf, cut the satf, cut the satf, her satfes, let the victim prompt satfs of the Defendant, and her satfs and legs were met by his son.

Accordingly, the defendant committed similar acts such as putting the defendant's sexual organ into the mouth of the victim by taking advantage of the victim's mental disability, failing to resist or having difficulty in resisting.

Summary of Evidence

1. Defendant's legal statement;

1. The statement, video CD and stenographic records with respect to B;

1. Reports on internal investigation and investigation reports (report on the state of victim);

1. A certificate of disabled persons, a certificate of disability diagnosis, and an expert opinion on sexual assault against disabled persons;

1. Application of Acts and subordinate statutes to photographs on crimes;

1. Article 6 (4) and (2) 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

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