A defendant shall be punished by imprisonment for four years.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Punishment of the crime

On May 15, 2017, the Defendant approaches the victim G (including the name, female, and the age of 31) with disabilities of Grade II with intellectual disability in the Nam-gu, Gwangju, Nam-gu, Gwangju, about 11:00, thereby reducing breabing.

The vehicle called "Tara" is called the victim to the "J" restaurant located in H EF Sota in the Dong-gu Seoul Metropolitan City, and the victim was tried to have the victim in the place of the restaurant.

피고인은 같은 날 13:00 경, 위 식당에서 식사를 마친 다음 피해자를 광주 서구 K에 있는 ‘L’ 모텔의 번호 불상의 호실로 데리고 가 피해자의 옷을 벗기고 피해자의 몸 위에 올라탄 후 “ 아프다, 하지 말라” 고 말하면서 피고인의 어깨를 밀치는 피해자에게 “ 아파도 참아 ”라고 말하면서 피해자의 귓불과 목, 가슴을 빨고, 피해자의 음부에 성기를 삽입하였다.

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

Summary of Evidence

1. A video CD recorded by the victim;

1. Statement made by the police against M;

1. A report on psychological evaluation;

1. Application of Acts and subordinate statutes to the department of Gwangju Science Investigation and Investigation Research Institute Act -4615, department of law of the Gwangju Science Investigation and Investigation Institute -5105; and

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. The proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the Defendant’s absence of any sexual record, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order and notification order, the preventive effect of the sexual crime subject to registration, and the effect of protecting the victim from the sexual crime subject to registration.