A defendant shall be punished by imprisonment for three years.

The information on the accused shall be disclosed through an information and communications network for five years.

Punishment of the crime

On July 7, 2012, the Defendant got aware of the fact that the victim C (V, 14 years of age) was unable to have his age and intelligence index 35 merely, and thus, had sexual intercourse with the victim by inducing the victim to offer tobacco or money.

1. Around July 2012, the Defendant, at the Defendant’s house located in Seocheon-gu, Seocheon-gu, Seocheon-gu, D2, 2012, taken off the victim who was satisfed in the ceiling station in his/her house, was laid off with his/her clothes, and was in sexual intercourse with the victim’s sexual organ by inserting it into the victim’s negative part.

2. The Defendant had sexual intercourse with the victim in the same manner at the same place on August 2012.

3. The Defendant had sexual intercourse with the victim in the same manner at the same place on September 22, 2012.

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

Summary of Evidence

1. Legal statement of witness E;

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by a witness F in the third protocol of the trial;

1. A medical certificate and a report on the result of consultation;

1. Application of photographs and video recordings of the crime scene;

1. Article 11-2 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of view for persons with disabilities) of the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2, 50, and the proviso of Article 42 of the Criminal Act [aggravating concurrent crimes with punishment stipulated in the Act on the Protection of Children and Juveniles against Sexual Abuse (compacting with Disabilities) around September 22, 2012 with the largest penalty];

1. Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Articles 38(1)1 and 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The Defendant and the defense counsel asserted that the Defendant had met the victim five to six times at the Defendant’s home.