A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The victim C(AC) is one of the persons with intellectual disability Grade II with I Q 43, and the defendant was well aware that the victim living in the same apartment complex as usual apartment complex has a little intelligence than normal ones.

At around 13:00 on March 26, 2014, the Defendant discovered that the victim is waiting for school buses of the married disabled person, and that the victim was waiting for her “perfuncing”, and that the victim was not refusing or resisting another person’s unfair behavior compared to the normal person, while having her horses go back, the Defendant had the victim engage in sexual intercourse with the victim, having the victim drinked with drinking alcohol to the near main place in the Jeonsan-gu Seoul Metropolitan City. After having her drinking alcohol, the Defendant went the victim to the “Grost” located in the Yan-gu Seoul Metropolitan City F. In comparison with the normal person.

이후 피고인은 같은 날 17:25경 위 모텔 201호실 내에서, 피해자에게 “시집갈 때가 되었는가 한번 보자.”라고 하면서 피해자에게 옷을 벗어보라고 하여 이를 거절하지 못하고 옷을 벗은 피해자의 음모를 오른손으로 움켜쥐어 만지고, 계속하여 침대에 누운 피해자의 몸 위에 올라 타 입으로 피해자의 젖꼭지를 빨고 입술에 키스를 하는 등으로 애무를 한 뒤, 피해자의 음부에 자신의 성기를 삽입하고자 4~5회 가량 자신의 성기를 비볐으나 발기가 되지 않아 그 뜻을 이루지 못하고 미수에 그쳤다.

In this regard, the defendant tried to have sexual intercourse with the victim by taking advantage of mental disability such as impossibility to resist or difficulties in resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and C;

1. Application of relevant Acts and subordinate statutes, such as certificates of persons with disabilities;

1. Relevant Articles of the Act and selective sexual crimes concerning the facts constituting the crime;