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

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

Punishment of the crime

1. The Defendant and the respondent for an attachment order, and the respondent for an attachment order (hereinafter “Defendant”) committed sexual intercourse with the victim C (hereinafter “Defendant”) who is the first [the first class [the second class [the second class [the third and second years of age (SA)] resident in the next home] due to a mental disorder, making it difficult to properly form the social and sexual concept due to the mental disorder, and making it difficult to resist, and taking advantage of the fact that other family members are mixed with the outside home and have easy access to it, at the victim’s residence located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and around September 2009, the victim’s clothes that could not be practically resisted due to the above intellectual disorder were off and sexual intercourse.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of impossibility to resist due to mental disability.

2. From around 10:00 to around 18:40 on May 21, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities) committed sexual intercourse with the victim’s clothes, in the residence of the second floor of the housing located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, in his/her hand, by inducing the victim’s resistance from his/her hand, and by suppressing the victim’s resistance

Accordingly, the defendant raped the victim with a mental disability.

Summary of Evidence

【Fact of Paragraph 1 at the Time of Sales】

1. Each legal statement of witness F, G and H;

1. Welfare card (class 1 of the intellectual disability), a report on psychological evaluation, and a written confirmation of hospitalization (the fact of paragraph (2) at the time of sale);

1. Each legal statement of witness F and C;

1. Statement-recording CDs;

1. Requests for the provision of a welfare card (class I intellectual disability), reply to inquiries into the fact of report 112, psychological evaluation report, and request for the provision of communication confirmation data;

1. Determination of each of the defendants and defense counsel's arguments on the request for appraisal

1. Summary of the assertion

A. As to paragraph (1) of the judgment, the Defendant did not have sexual intercourse with the victim.

B. As to Paragraph 2 of the holding, the Defendant has sexual intercourse with the victim.