A defendant shall be punished by imprisonment for six years.

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

Punishment of the crime

1. On September 26, 2017 through September 27, 2017, the Defendant, at around 23:00 on September 27, 2017, performed drinking together with the victim D (V, 20 years of age) and the victim's male sex birth E.

The victim frequently shown that the victim is a person with a intellectual disability of grade 3, which is merely 52 and 63 of the intelligence index, such as a lot of stories that do not meet the context of the conversation, unlike the general public, or a well-known speech, and thus, the victim became naturally aware that the victim has disability.

Defendant 1, while drinking alcohol with the victim, had sexual intercourse with the victim by preventing the victim from sustaining noise due to the brupter’s suffering under the influence of alcohol.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. On September 29, 2017, from around 21:00 to around 23:00, the Defendant had sexual intercourse with the victim, while drinking alcohol with the victim and the above E, etc. before the G convenience store located in Daejeon Seo-gu, Daejeon, with a view to viewing the melting side, the victim followed the victim in the toilet located in the building, and followed the victim’s hand on the toilet in order to view the melting side, and followed the victim’s hand on the toilet inside the building, and obstructed the victim’s sound by taking the stairs between the third floor and the fourth floor of the building, and preventing the victim from suffering any noise.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes to stenographic records, video CDs, field photographs, and investigation reports (attached to the written opinion, etc. of the relevant case);

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes for concurrent crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (referring to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on September 29, 2017 with heavier penalty];

1. Order to complete a program;