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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 15:00 on November 15, 2016, the Defendant discovered that the victim D (the victim, the victim, the age of 23, the intellectual disability class 2) was married while making a mixed standard, and the victim was willing to have sexual intercourse with the victim by using circumstances where the victim lacks normal situation judgment and response ability.

Defendant 1 said at the above date, time, and place, stated that the victim stated that “the victim will die,” and said that “bathy” was made to the victim with the victim Saber F, and said that “bathy bathy bathy” was made to the victim in G, and that the victim was moved to the guest room on the part of the wife located in G, the victim was lying the victim on the bed, the victim’s chest was lying on the bed, and the victim was laid off with the clothes belonging to the victim, and then, the victim who resisted against the victim is punished.

After the chest said that her chest is a tank writing, is a bad, and the Defendant’s sexual organ was inserted into the victim’s negative part, and the Defendant’s sexual organ was sexual intercourse once.

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. stenographic records of victim's statement, one copy of the victim's welfare card, one copy of the victim's welfare card, the map around the scene, gene assessment report, opinion of expert on the statement analysis in the case of sexual assault against children with disabilities (i.e., December 8, 2016), and response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (recording statements to victims) and a report on investigation (related to investigation at the site);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds 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 Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, and children and juveniles.