A defendant shall be punished by imprisonment for three years.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Punishment of the crime

On January 3, 2017, the Defendant became aware of the victims of intellectual disability-3 disability, and became aware of the victims of intellectual disability-3 years of age in C corporation around January 3, 2017.

On February 3, 2017, the Defendant: (a) around 19:48 on February 3, 2017, the Defendant took the Victim under the FF 203 in Dongjak-gu Seoul Metropolitan Government E, and (b) the following victim would go to the House:

Although it was impossible to leave the victim, she is placed on the bend, she is intending to leave the victim's chest and her clothes by hand, and the victim does not refuse to do so.

d."In the end, even if the victim refused such refusal, such as flad.", she put the fingers into the part of the victim's sound, exceeded the victim's clothes, and inserted the sexual flag into the part of the victim's sound.

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. Stenographic records of the victim against D;

1. Statement analysis expert's written opinion;

1. Application of CCTV Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 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 to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no history of punishment against the accused for sexual crimes, and the relationship between the accused and the victim, etc.), there exists a criminal tendency against many unspecified persons solely for the instant crime;

It is difficult to conclude that the effect of preventing recidivism can be expected to some extent only with the registration of personal information on the defendant and the completion of sexual assault treatment programs.

(b)see;