1. From January 2013, the Defendant was aware of the difference between the normal person and the victim D (18 years old) who was at the second degree of mental retardation while commuting to and from work via C urban bus from around January 2013, and was frequently viewed, the Defendant was willing to commit an indecent act by force with the knowledge that the victim is different from the normal person.

On January 23, 2013, around 08:10, the Defendant committed an indecent act by force against the victim, such as: (a) boarding at the bus stops in front of the Daegu Si bus E-gu, Daegu; (b) holding the bus seat next to the bus seat the said victim was seated; and (c) holding the said victim’s turb with his hand from 08:36 on the same day to 08:36 on the same day.

2. Determination

A. Article 6(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that “A person who commits a crime under Article 298 of the Criminal Act against a person with a physical or mental disability shall be punished by imprisonment for a fixed term of at least three years or by a fine of at least 20,000 won, but not exceeding 50,000 won.” The above provision must be sufficiently aware of the fact that a victim has a physical or mental disability at the time of the crime of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion, or should be aware of it at least do

나. 판단 이 사건에서 보건대, 이 사건 기록에 의하면 피해자가 정신지체장애 2급의 장애인인 점, 이 사건으로 인하여 조사를 받을 때에도 질문의 취지를 잘 이해하지 못하고 이 사건 외에 다른 일도 사실관계를 섞거나 뭉뚱그려 말하는 등 의사소통이 잘 되지 않는 측면이 있는 점 등은 인정된다.

On the other hand, however, the evidence shown in the records of this case, namely, the defendant's partial statement, the statement prepared by the police (porte-victim) and the investigation report prepared by the police, and the victim D.