A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Criminal facts

On April 14, 2005, the Defendant was sentenced to ten months of imprisonment for a crime of fraud in the Jeonju District Court's Jung-Eup branch's assistance, and the Defendant was released on November 30, 2005 in the military prison on parole on the execution of the sentence, and the execution of the sentence terminated on December 18, 2005, and on June 17, 2009, the said court was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive at the end.

The defendant is the kind and father of the victim C (n and 7 years of age), and the victim has a mental disability of the second degree of intellectual disability.

The defendant assaulted the victim of ordinary levere without being able to do so, such as drinking, hand floor, lurry, etc., and the victim was placed in a situation where the victim cannot resist without permission.

On March 3, 2007, at the defendant's house located in the Gosong-gun, Gosong-gun, the victim's friendly E, and the victim's friendly E, and the victim's dong 2, who reported television in the ward, caused the victim's desire in the ward.

The Defendant, by using the aforementioned assault, exceeded the clothes of the victim, made the victim unable to resist without the victim’s consent, and made the victim unable to resist the body, and inserted his sexual organ into the victim’s sexual organ in the victim’s sexual organ.

Accordingly, the defendant had sexual intercourse with a female under 13 years of age by force.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s testimony;

1. Each prosecutor's statement concerning F and E;

1. The police statement concerning G;

1. A medical certificate prepared by the head of the H hospital;

1. An expert opinion on sexual assault incidents against children with disabilities;

1. A report on investigation and internal investigation;

1. Application of Acts and subordinate statutes to investigation into criminal records;

1. Article 4 of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 9110, Jun. 13, 2008) regarding criminal facts and Article 5 of the Addenda to the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 9110, Apr. 15, 2010).