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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

The defendant had been aware of the Internet hosting with the intention of having sexual intercourse with the victim B (the name, the 19-year age) by using the fact that the victim B (the name, the 19-year age) has a intellectual disorder, which lacks judgment ability

피고인은 2018. 6. 20. 14:00경 서울 서대문구 C 부근에서 피해자를 만나 D대학교 부근 노래방 등을 돌아다니며 피해자와 함께 시간을 보내다가, 집에 가야 한다는 피해자에게 ‘같이 하룻밤 자야 한다’고 강하게 요구하여, 같은 날 21:00경 서울 서대문구 E 모텔로 피해자를 데리고 간 후, 그 곳 불상의 호실에서 피해자에게 ‘나는 니가 너무 좋다, 한번 해보자’라고 얘기하며 피해자의 배 위에 올라타 움직이지 못하게 하고, 피해자가 하지 말라고 완강히 거부하였음에도 피해자의 옷을 모두 벗기고 피해자의 음부에 피고인의 성기를 삽입하였다.

Accordingly, the Defendant had sexual intercourse with the victim of intellectual disability 2 by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Copy of each stenographic record of damage statement;

1. Application of Acts and subordinate statutes to investigation reports (including attachment of data on psychological evaluation of victims);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is difficult to readily conclude that the Defendant has a risk of recidivism or recidivism of sexual crimes on the ground that the Defendant had no record of punishment for sexual crimes prior to the instant crime, and thus, the Defendant’s personal information is registered