A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

Since the defendant became aware of the victim B (Inn, name, and 30) who was judged as the third grade intellectual disability in the past 10 years and became familiar with the introduction of the defendant's friendship to the victim for marriage, the defendant was aware that there was such disability.

At around 16:00 on February 21, 2018, the Defendant, at the main point of “D,” located in Heung-gun C, Jung-gun, for the purpose of providing job placement to the Defendant’s relatives and the victim divorced from the Defendant, drinks with the victim, drinks the victim by forcing the victim to have sexual intercourse with the latter, sits the victim who was seated on the face of the latter, sits the victim into the Defendant’s hand, and refuses to do so. However, the Defendant refused to do so, the Defendant, who was placed on the part of the Defendant’s body, exceeded the victim’s lower part and lower clothes, and sexual intercourse once with the other victim, who was listed above the body of the victim.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Legal statement of the witness B;

1. A certificate of disability and a certificate of disability;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations between the former husband and the latter husband);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The defendant's admission due to the possibility of recidivism of sexual crimes, disclosure order, and notification order of the accused under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50 (1) of the proviso;