A defendant shall be punished by imprisonment for two years.

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

Criminal facts

The Defendant, as a result of the intellectual disability of the Gyeongdo, had the ability to discern things or make decisions, had the victim D (the age of 27) who was a intellectual disability 2 in front of the Ethical square in front of the Ethmpic, which was in front of the Ethmpic, the central road in the Syman-si, Syman-si, and had the victim D (the age of 27) who was a intellectual disability in front of the No. Agricultural Cooperative Building in Syman-si.

피고인은 피해자에게 “모텔로 가자. 하룻밤 자자.”라고 말했으나 거절당하자, 바닥에 있던 콘크리트 조각으로 벤치 뒤에 있는 석재 조형물을 내리치고 주먹으로 위 건물 벽을 치며 화를 냈고, 이후 피해자의 손을 잡고 피해자를 여수시 E에 있는 F모텔 503호로 데리고 갔다.

In doing so, the Defendant, by drawing the victim’s jackets, threatened the victim with “nicking off her clothes. Mad. Mad. Mahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the Defendant attempted to rape the victim with mental disability.

Summary of Evidence

Judgment on the defendant's assertion of victim with disability in the on-site photographs of the suspect examination report (on-site investigation) by the prosecution;

1. Although the Defendant stated that “the victim died of the death of the victim,” the content of the assertion is the fact that the victim said that “the victim died of the death of the victim,” it cannot be deemed as intimidation to the extent that it would make it impossible or considerably difficult for the victim to resist, since it merely means that the victim would die if he/she escaped.

In addition, the defendant did not have any intention to rape the victim, and did not commence the execution thereof.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence examined, the Defendant’s resistance against the victim is significant.