A defendant shall be punished by imprisonment for two years.

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

(e).

Punishment of the crime

At around 15:00 on August 16, 2012, the Defendant met the victim D(15 years of age) with intellectual disability 3, which was known in the Internet hosting room in Gwanak-gu, Seoul Special Metropolitan City, and was aware that the victim was unable to communicate properly, such as rhying the horses and responding to the documents, and was aware that the victim was a intellectual disability, thereby having sexual intercourse with the victim.

At around 15:30 on the same day, the Defendant entered a 1st floor F Kap 3 room underground of the building located in Gwanak-gu in Seoul Special Metropolitan City, caused the victim to be off his clothes, and placed the victim on the floor and inserted the sexual flag into the sound part of the victim.

As a result, the defendant has sexual intercourse with the victim who is a juvenile having weak ability to discern things or make decisions due to mental disability.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. The application of Acts and subordinate statutes, such as recording of protocol, investigation report (Attachment of medical opinions for victims), investigation report (Attachment of photographs of places of crime), investigation report (specific suspect), expert opinion on sexual assault against children or persons with disabilities, counsel's written opinion, and documents attached thereto;

1. Article 11-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under the main sentence of Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of recommended sentences according to the sentencing guidelines (decision of types of punishment), group of sex crimes, general standards, and factors of aggravation (specially stimulative factors), factors of mitigation (special stimulative factors) among sex offenses against persons with disabilities (at least 13 years of age): None of the relevant factors (Scope of recommending punishment): Imprisonment with prison labor for a period of two years and six months to five years.

3. The instant crime committed by the Defendant, who is a juvenile with intellectual disability, was sexual intercourse by inducing the victim, and the recognition and judgment ability, such as the victim, are recognized and judged due to intellectual disability.