A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

The defendant is a person with intellectual disability second grade, who lacks the ability to discern things or make decisions.

The defendant, together with the victim C (Woo, 16 years of age, intellectual disability Grade 2), was living in the D Infant Care Center located in Chungcheongnam-gu, Cheongju-si. On September 6, 2014, the defendant went to the Jincheon-gun E in order to send a memorial bomb around September 6, 2014.

The Defendant, at around 19:00 on September 6, 2014, displayed the dynamic image that the victim saw on the Internet, sent the victim’s chest on his own hand, and her chest, she slicked the victim’s chest, and she forced the victim to go against the clothes of the victim, and forced the victim to have sexual intercourse once.

On September 7, 2014, at the same place as in Paragraph 1, 1, 2014, the Defendant shown dynamic images sent to the victim via the Internet, had the victim talked with the Defendant’s sexual organ, who was forced by sounder who was "no," exceeded the victim’s lower rank, and had the victim sexual intercourse once.

As such, the Defendant, by force, had sexual intercourse with a child or juvenile victim twice.

Summary of Evidence

1. Defendant's legal statement;

1. stenographic records and expert opinion of C;

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

1. Article 7 (5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, concerning the relevant Articles of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Selection of Punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is heavier than the sentence committed on September 7, 2014);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant who has registered personal information under Article 21(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be subject to special cases concerning the punishment, etc. of sexual crimes, in cases where a conviction becomes final and conclusive on the