A defendant shall be punished by imprisonment for four years.

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

(e).

Punishment of the crime

The defendant is a taxi engineer for business in C, and the victim D (the victim D, the age of 22) is the victim I Q 50 and the social age of 8.17, and is a disabled person with intellectual disability 2.

The Defendant, around October 10, 2015, around October 10, 2015, instructed the victim to have sexual intercourse with a taxi operated by the Defendant in front of the Gu FF Private Teaching Institutes located in Daegu-gu, Seo-gu, with passengers, and the victim was unable to resist due to such mental disability.

1. On October 11, 2015, the Defendant had sexual intercourse with the victim by putting the victim on the back seat of the taxi, putting the victim from the H charging station located in Daegu-gu, Seogu, Daegu-gu, and cutting off clothes, putting the victim on the back seat of the taxi, putting the victim’s chests and sound part of the victim, and inserting his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the fact that the victim is unable to resist or resist due to mental disability.

2. The Defendant, at around 00:50 on the same day, exceeded the victim’s clothes in Jel 207 located in Seo-gu, Daegu-gu, Seo-gu, and had sexual intercourse with the victim by inserting his sexual organ into the victim’s sound part.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the fact that the victim is unable to resist or resist due to mental disability.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness K, L and M;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Medical certificate prepared by doctors N orO, and the result of the examination;

1. Application of D’s statements and stenographic records recorded in a statement recorded CDs;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 297 of the Criminal Act concerning the crime;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against persons with disabilities prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on October 11, 2015 with heavy circumstances)

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;