성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. In light of the summary of the grounds for appeal (the fact-finding), the victim's relatively consistent statement, the degree of mental retardation disorder, the expert analysis of the victim's statement, the victim's statement, and the statements made by the Defendants, etc., the statements made by the investigative agency that the victims were sexual intercourse and indecent act against the defendants as stated in each of the facts charged in the instant case are sufficient credibility. In addition, in determining the existence of "defensive power" in sexual assault cases against the victims with mental disorder, the facts that the defendants committed sexual intercourse or indecent act against the victims should not be based on the general public, but on the victims with intellectual disorder are sufficiently recognized as stated in each of the facts charged in the instant case.
Nevertheless, the court below rendered a not-guilty verdict on each of the facts charged in this case on the ground that the only evidence, which is the victim's statement, has no credibility.
2. Determination
A. The summary of the facts charged against the Defendants was from 2010 to 2010 that the victims were disabled with intelligence falling off compared to normal conditions while frequently visiting underground shopping stations near the subway stations located in Busan-dong, Busan-dong, and they knew that the victims were disabled with intelligence falling off compared to normal conditions.
1) On November 6, 2011, Defendant A (hereinafter “Defendant A”) violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. with Disabled Persons) (hereinafter “Defendant”) brought a singing in the singing room near the said written book around the victim D, B, and E, and around 00:0 on November 7, 201, the victim “at home” and induced the victim to bring the victim into the seat of the Defendant F in Busan-gu.