성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등
The Defendants are not guilty, and all of the claims for the attachment order of the location tracking device of this case are dismissed.
Defendants.
1. Under the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (Act No. 932), Article 8 [A] of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258), Article 6 [f] of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 10258), Article 6(4) [a] of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 11088), the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 11088), the applicable provisions to Defendant A of the facts charged shall be deemed to have sexual intercourse with a person with a mental disability who has committed a crime of quasi-rape (a) under the Criminal Act with regard to a person who is unable to resist. The applicable provisions to Defendant B shall be deemed to have sexual intercourse with the person having a mental disability in the state of mental disability.
· Facts of the cause of request for attachment order
A. The facts charged 1) Defendant A is a mentally disabled person who is not a intellectually disabled person (Grade 3), as seen earlier, with a mental disability Grade III in Ulsan-gun F from November 2009 (in the case of an elementary school at an accident level, the victim in the sixth-year level is a mentally disabled person who is not a intellectual disabled person.
(A) On March 2, 2010, the Defendant: (a) took the victim into custody of the victim G (at present 36 years of age and inn)’s residential premises; (b) took frequent contact with the victim that the victim was unable to fully understand the meaning of sexual conduct without having a normal accident; and (c) took advantage of the victim’s sexual intercourse; and (d) took the victim’s sexual organ into the victim’s negative part; (b) took out the victim’s sexual organ into the victim’s negative part; and (c) inserted the victim’s sexual organ into the victim’s negative part due to mental disorder.
B. On March 2010, the Defendant, within the restaurant operated by the Defendant, was off of his clothes, and the sexual flag of the Defendant was inside the body of the victim.