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

The defendant's disclosure of information about the defendant is made through an information and communications network for five years.

Punishment of the crime

The defendant was well aware of mental disorders, such as the victim C (at 28 years of age) with a mental retardation Grade II, who is a father or her mother, living in neighboring areas, having a completely different answer from his or her ordinary questions.

Around July 2012, the Defendant, at the Defendant’s house located in the former Northern-gun D, opened a television, and putting the victim on a scheme in order to take the means, and, “I am out of the clothes of the Defendant, she would have been unable to get out of the clothes of the Defendant,” and had sexual intercourse once with the victim by deceiving the victim, who had a lack of normal awareness about sexual conduct due to mental disorder, and had him off the clothes of the victim, with the victim’s chest and sexual organ, and inserting the Defendant’s sexual organ into one.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability through fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 6(5) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) on the Punishment, etc. of Sexual 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 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The reasons for sentencing under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of applicable sentences under the law] [the determination of a sentence], general standards, sex offenses against the disabled (at least 13 years of age), sex offenses against the disabled (at least 13 years of age), rape (special mitigation], which are not assault and threat, in the event of using force of deceptive means, the non-compliance [the scope of recommending punishment] area of special mitigation, the use of personal trust relationship [the scope of corrected recommended punishment] between 2 years and 7 years [the lowest limit of applicable punishment] from June to 7 years.