성폭력범죄의처벌등에관한특례법위반(장애인준강간)
All appeals by the defendant and the prosecutor are dismissed.
Summary of Reasons for appeal
A. Defendant 1) Considering that the victim was able to commit a sexual act with the Defendant, the Defendant merely committed a sexual act with the victim’s chest and a negative part under the agreement with the victim, and did not know at all that there was a serious mental disorder with the victim to the extent that it is difficult for the victim to exercise his right to sexual self-determination.
Nevertheless, the lower court found the Defendant guilty of this part of the facts charged that the Defendant committed an indecent act by using the victim’s state of difficulty in resisting due to the mental disability of the victim.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. A prosecutor 1) In light of the degree of mental disorder of the victim, etc., although the victim’s statement to the effect that the defendant put his sexual organ into the victim’s negative organ could be sufficiently recognized, the court below acquitted the victim of this part of the facts charged by misunderstanding the facts, and acquitted the victim of this part of the facts charged.
2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.
2. As to the Defendant’s assertion of mistake of facts
A. In full view of the following circumstances acknowledged by the evidence adopted by the lower court, the Defendant asserted that the aforementioned grounds for appeal were similar to those in the lower court’s judgment, and the lower court found the victim at the time of the instant case in a situation where it was difficult to resist or resist due to mental disorder, and the Defendant, while aware of such situation, committed an indecent act by using the victim.
For the reason that it is reasonable to see that the defendant's assertion is rejected and that part of the charges is convicted.
① On November 4, 1988, at the age of 11, the victim was registered as a disabled person of Grade III with intellectual disability. At the time, the victim was diagnosed as a result of the high-level test at the age of 56, the intelligence index at 56, the social maturity test at the age of 6.4, and the social index at the age of 6.7.
In addition, the victim on September 2, 2019, the previous day of the instant case.