A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Punishment of the crime

The defendant is a person who resides in a multi-household in Kimhae-si, and the victim D (V, 20 years of age) also resides in the above multi-household house, and the victim is a person with intellectual disability 3 years of age.

1. On August 2, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by force against persons with disabilities) committed an indecent act by force against the victim who was physically disabled by making the victim's own hand only a part of the conversation between the victim and the victim on the road before the above multi-household house.

2. On August 3, 2017, the Defendant: (a) opened a string door door and intruded into the victim’s house located in the said multi-household around the new wall; (b) exempted the victim’s clothes in a situation where she is unable to resist due to diving; (c) opened the string door; and (d) laid off the victim’s chest and fluor; and (d) put the fingers into the victim’s body.

As a result, the defendant invadedd the victim's residence, and used the victim's resistance impossibility condition to commit similar rape.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made in D in video recording CDs;

1. Reports on internal investigation (attached to a written confirmation of counseling);

1. A report on internal investigation (attaching an expert opinion on the victim's statement);

1. A report on internal investigation (a confirmation of the results of appraisal with the key countries in emergency cases of sexual assault against victims);

1. Application of the Acts and subordinate statutes to report on investigation (the comparison and appraisal of the suspect's mouth with the key of sexual assault against victims);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act (a person with disabilities’ compulsory indecent act, choice of imprisonment), Article 3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 319 (1), 299, 297-2 of the Criminal Act (a person with similar rape who intrudes upon residence, and choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes with more severe punishment (a similar rape) shall be applicable to concurrent crimes.