A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

On December 13, 2012, the Defendant is a person who was sentenced to imprisonment with prison labor for six months in the Suwon District Court for fraud and was sentenced to a suspended sentence of two years on the 21st of the same month, and the said judgment has become final and conclusive, and is currently in the grace period.

On May 2012, the Defendant, on the ground of Grade 2 of the intellectual disability and hearing disability, had a victim D (Influence, 42 years of age) with intelligence of 7-8 years of age with 42 years of age with intellectual disability, and that female was willing to engage in indecent conduct or sexual intercourse by taking advantage of the circumstances where she lacks the ability to discern himself/herself due to such overlapped disability.

1. On May 2012, the Defendant committed indecent act by force, around 21:20, at the event near the F Center located in Kimpo-si, Kimpo-si, the Defendant: (a) was aware of the victim by one arms; and (b) continued to have the victim’s chest and her mother, who refuses other descendants, and continued to put the victim’s grandchildren into his/her inner part.

Accordingly, the Defendant committed indecent act against the disabled victim by force.

2. 위력에 의한 간음의 점 피고인은 같은 일시경 피해자를 김포시 G아파트 A동 106호에 있는 피고인의 집으로 데리고 가 피해자의 팔을 잡아 당겨 방으로 밀어 넣어 피해자가 나가려고 하자 문을 잠그고, 벽으로 밀어 붙여 피해자의 옷을 벗긴 후, 바닥에 눕히고 나서 피해자의 몸 위에 올라가 피해자의 가슴과 배를 입으로 핥고 자신의 성기를 피해자의 음부에 집어 넣어 간음하였다.

Accordingly, the defendant has sexual intercourse with the disabled victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each report on investigation;

1. Each video recording;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (verification of the final date of judgment);

1. Article 6(6) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on the Criminal Facts, and Article 1156 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1156, Dec. 18, 2012)