성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The defendant shall be innocent.
1. The summary of the facts charged is as follows: (a) the Defendant: (b) her wife’s son; (c) had the victim D (15 years of age) who is a disabled person of Grade 3 with intellectual disability forced to commit an indecent act; (d) had the victim sitting in front of the victim’s home located in Daejeon Dong-gu, Daejeon around April 2013 and prevented the victim from staying in front of the victim; and (e) had the victim sit in front of the victim’s chest, her son, and her part, and forced the victim to commit indecent act by force.
2. The Defendant’s defense counsel asserts that the investigative agency had consistently committed an indecent act against the victim on the part of the victim at the time and time stated in the facts charged up to this court, and that the Defendant denied the instant facts charged.
3. The victim’s statement is only a direct evidence that conforms to the facts charged in the instant case to determine the credibility of the victim’s statement.
However, with respect to the credibility of the victim's statement, the victim appeared in the court and made a false statement in the police and the court. Nevertheless, this paper examines whether the victim's statement consistent with the facts charged can be found guilty by recognizing credibility and finding it guilty.
A. The following facts are acknowledged according to the evidence duly adopted and examined by the court of this case.
1) The victim’s intellectual level is F students. The victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s intellectual level was F students at the third grade of G middle school at the time of the police’s statement, but the victim’s victim’s intellectual disability was subject to the disability grade 3 in the disability rating, and at the intelligence test conducted after the occurrence of the instant case, it was evaluated that he had intelligence index 46 to grade 2 with intellectual disability 46. At the investigation stage, I, an expert in sexual assault case against children with disabilities, and a clinical psychologist at the investigation stage, was an intelligence test conducted against the victim on April 18, 2013 (Evidence evidence record 135-136, 16-168). (2) The father’s father’s father’s father’s sexual indecent act and sexual intercourse