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Defendant
A shall be punished by imprisonment for two years.
Defendant
B Of the judgment of innocence, the part of innocence against the defendant B is not guilty.
Reasons
Punishment of the crime
Victim E (n, F) is a person with intellectual disability of a mental disorder of the second grade in the middle of the age of 5 to 6 even if he/she is the person with intellectual disability of the second grade in the middle of the age of 5 to 6.
Defendant
A around April 208, at the “H” shop operated by the defendant living together with the defendant living together in Heung-gun G, Jeonnam-gun, 2008, the above victim, who had been suffering from her sexual intercourse, refers to the victim's awareness that he was unable to make sexual self-determination due to mental disorder as above, and "the victim was able to have sexual intercourse" and "the victim was 2,000 won in the reduction of 2,00 won," and she was sexual intercourse once with the victim.
Accordingly, the Defendant had sexual intercourse with the victim by taking advantage of the victim’s mental disability that the victim was unable to resist.
Summary of Evidence
1. Each legal statement of witness E, I, J, K, and L;
1. Each prosecutor's statement to E, I and J;
1. Each statement investigation record book (No. 41, 42 No. 41, 42 of the evidence list), each statement recording CD (No. 7, 24, 31 of the evidence list);
1. Each investigation report (Nos. 2, 12, 47, 53, 56, 57, and 61 of the evidence list);
1. Copies of each statement and analysis report (M, E), report on results of each stamp wall (M, E), and report on the examination of a witness (N);
1. Application of Acts and subordinate statutes on certificates of persons with disabilities, copies of agricultural OF telephone numbers, and copies thereof;
1. Article 8 of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (amended by Act No. 10261, Apr. 15, 2010); Article 297 of the Criminal Act (amended by Act No. 11574, Dec. 18, 2012); [However, the upper limit of punishment shall be governed by the main sentence of Article 42 of the Criminal Act (amended by Act No. 10529, Apr. 15, 2010)]
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):
1. In the past, the accused under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are exempted from disclosure order;