성폭력범죄의처벌등에관한특례법위반(장애인유사성행위)
The defendant shall be innocent.
1. The summary of the facts charged: (a) the Defendant pressured the victim E (the age of 47) from leaving the victim’s arms behind the victim E (the age of 56) with intellectual disability level 2 (intelligent index, 56 below, 37.5), which was playing there in the area of the Defendant’s dwelling located in W, in the beginning of June 2014 to August 1, 2014; and (b) attempted to get off the victim’s body and put the Defendant’s sexual organ into the victim’s port; (c) however, the Defendant did not go against the wind of the victim’s resistance and did not put the Defendant’s sexual organ into the victim’s body relatively large.
2. The Defendant and his defense counsel’s assertion consistently from the investigative agency to the court, despite the fact that the victim was living on the spot, and the victim did not commit an indecent act.
In addition, the defense counsel asserts that it is unfair to conclude the defendant as a criminal only with a simple statement that is difficult to understand the context of the victim and a statement derived from the guidance and examination of the investigative agency.
3. Determination
A. (1) Review on the relationship of evidence (1) there are the police officers of the victim as well as the statements in this court, F's prosecutor's office, and statements in this court, etc. as evidence that seem to correspond to the facts charged of this case.
(2) However, a protocol stating F’s legal statement or investigative agency’s statement is merely merely a record of damage to the victim, and thus, it is a protocol containing a hearsay statement or its hearsay statement containing another person’s statement rather than the defendant. In addition, the defendant did not agree to the protocol as evidence, and the victim who made the original statement does not constitute a case where the victim is unable to make a statement on the date of trial as prescribed by Article 316(2) of the Criminal Procedure Act
(3) Ultimately, since the victim’s statement may be deemed to be reasonable as evidence supporting the facts charged in the instant case, as to the credibility of the statement.