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

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Punishment of the crime

Around 00:01 on May 26, 201, the Defendant: (a) driven a CST5 car and was in the vicinity of the “Meldry” in FM5 car at a wooden city, and was able to discover and take the victim D(23 years old) with the mental retardation disorder 3 facing the expense on the road; (b) made the car into the house; and (c) made the victim talk with the vehicle; and (d) made the victim talked with the victim to have sexual intercourse with the victim, and 605 of FMel in Felel E at a wooden city, along with the victim.

On May 26, 2014, at around 00:50, the Defendant: (a) prevented the victim from enjoying her schofel 605, and exceeded the victim’s clothes; (b) exceeded the victim’s clothes, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental disability such as impossibility to resist or difficulties in resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Records of statements made against D;

1. Application of statutes governing professional opinions;

1. Article 6 (4) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of punishment and limited imprisonment;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where the facts constituting a crime in the judgment on the registration of personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse are affirmed, the Defendant becomes a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to

Judgment on the Defendant and defense counsel's argument

1. The summary of the claim is that the defendant has sexual intercourse with the victim on the date and time set in the decision.