A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who lives in D as of February 26, 1970 with intellectual disability 2nd, who was living in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the victim E (M, 51 years old) is a person who lives in the above D from March 26, 1973 to March 26, 1973.

Around 12:00 of the date on October 2014, the Defendant: (a) had the ability to discern things or make decisions due to the above intellectual disability; (b) had the victim’s 12:00, the victim reported that he was in the Flux of female accommodation of the said D 1st female floor; and (c) opened a beta and entered the window beyond its windows; (d) had the victim’s grandchildren; and (e) had the victim’s resistance against another victim’s fluxed on the ship; and (e) had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report on investigation (report on video recording of suspects and victims);

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

1. Articles 10(2) and 10(1), and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (the disabled of class 2 of the intellectual disability; the medical institution treating the symptoms, etc. of the defendant's livering symptoms, etc. from May 193, 1993, shows that the defendant accompanied intellectual disability and thus lacks practical judgment ability to discern things, and other factors, considering the defendant's communication ability, the defendant was in a state that the defendant had no ability to discern things or make decisions at the time of committing the crime in this case.

[Determination]

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of 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 to Attend;

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 a notification order; the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.