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

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

From about 10 years ago, the defendant was aware of the victim C (Woo, 48 years old) who is a disabled person of grade II with intellectual disability and neighboring village residents, and the victim was unsatisfying the defendant due to the fact that the defendant is a person with no nature.

On June 2014, the Defendant: (a) around the end of the 2014.6.6., 2014, the Defendant: (b) viewed the victim as “Tundol,” who walked on the road in front of the community hall located in the Geum-gun, Sung-gun, Sung-gun, Sung-gun; (c) laid the victim into the Defendant’s vehicle; and (d) taken the Defendant’s house located in the same Dok D, who called “n

Accordingly, the victim exceeded his clothes according to the defendant's instruction and placed the victim on the bend, and she saw the victim's chest into the bend, and she attempted to put the victim's chest into the bend part of the victim's sexual organ with another hand on the part of the victim's body. However, the defendant attempted to put the victim's sexual organ into the bend part of the victim's body, but was not well inserted.

Accordingly, the defendant tried to have sexual intercourse with a person with mental disability by force.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement of E and F;

1. Stenographic records (Details of statements made by victims) and expert opinions;

1. Application of statutes governing certificates of persons with disabilities;

1. Article 6 (5) of the relevant Act on Criminal Crimes and Article 6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”)

1. The main sentence of Article 16 (2), the main sentence of Article 16 (3) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify personal information, and the Act on the Protection of Children and Juveniles against Sexual Abuse;