성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)
The defendant dismissed the application for compensation filed by the applicant for compensation.
1. Summary of the facts charged in this case
A. On September 201, the Defendant, at the home of the victim C (V, 62 years of age) with intellectual disability Grade D in the Hanan-gun, Hahnan-gun, Hahnan-gun, was seated in the victim and his ward, and took advantage of the victim’s mental disability, i.e., in a situation where the victim was unable to resist, and she was able to do so, she was forced to have sexual intercourse with the victim once by getting the victim off his/her clothes.
B. Around October 2011, the Defendant: (a) took advantage of the fact that the victim was unable to resist due to mental disability at the above place; (b) took advantage of the victim’s mental disability; and (c) took off the victim’s clothes; and (d) took sexual intercourse once, and raped the victim.
C. On November 201, 201, the Defendant: (a) took advantage of the fact that the victim was unable to resist due to mental disability at the above place; (b) took advantage of the victim’s state of disability; and (c) took off the victim’s clothes; and (d) had sexual intercourse with the victim once, and raped
At around 14:00 on November 12, 201, the Defendant tried to rape the victim by taking advantage of the fact that the victim was unable to resist due to mental disability at the above place, and having the victim off clothes of the victim once, and having sexual intercourse with the victim. However, the Defendant was dismissed from the victim’s home who visited the victim’s home, and did not commit attempted crimes.
2. Determination
A. Article 6 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter "the Sexual Exposure Act") refers to the case where the physical or mental disability itself is in a state of failing to resist due to a physical or mental disability, and where the physical or physical disability is in a state of failing to resist due to the physical or mental disability, and the case where it is impossible or considerably difficult to resist due to the physical or mental disability. Thus, in order to meet the above elements of the crime, the victim is physically or physically disabled.