A 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 became final and conclusive.

Punishment of the crime

The Defendant, in collusion with C on November 15, 2012, at around 19:25, when the mental retardation 3 lacks the ability to discern things or make decisions, decided to have sexual intercourse with C by reporting the victim F (the age of 31) who has intellectual disability work together in the “stock company E” as defined in Geumcheon-gu Seoul Metropolitan Government D 1311, and forced sexual intercourse with C. At the same time, the victim is moving the victim to a toilet for the disabled of the first floor of the above building as well as C, and C was knee, after having her own fright and panty kne in the face of the victim, after having her fright and panty kne in the face of the victim, and after having see his fright and her kne in the wall, and inserted the victim’s sexual organ into the wall, and the Defendant continued to have sexual intercourse with the victim once in the above manner.

Accordingly, the defendant, in collusion with C, has sexual intercourse with the victim by using that victim was unable to resist due to intellectual disability.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. The statement of each police officer made to F and G;

1. 판시 심신미약의 점 : 의무기록사본증명서, 진단서[증 제1, 2호증, 피고인은 웩슬러 지능검사(K-WAIS)로 측정한 전체지능 69(‘정신 지체’ 범주에 속함), 사회성숙도 검사(Social Maturity Scale)로 측정한 사회연령 11.5세에 불과한 정신지체장애 3급으로, 관습적 수준의 사회적 규범에 대한 이해가 부족할 뿐만 아니라 상황에 따라 적절한 판단을 하고 대처해야 하는 상황에서 문제해결 능력이 떨어지므로, 이 사건 범행 당시 사물을 변별할 능력이나 의사를 결정할 능력이 미약하였다고 인정됨] 법령의 적용

1. Article 6(4) and (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) regarding criminal facts, Article 6(4) and (1) of the former Criminal Act; Article 6(1) of the former Criminal Act.