성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is divided into the victim's 3th degree of disability with intellectual disability and the victim's intellectual disability was aware of the fact that the victim had intellectual disability. However, if the victim did not have any intellectual disability, it seems that there was no reason for the victim to engage in sexual intercourse with the defendant without receiving monetary compensation. Thus, it is sufficient to find the defendant guilty of the charge of this case that the defendants had sexual intercourse with the victim who was unable to resist due to mental disability to the extent that the victim could not exercise his right to sexual self-determination properly. However, the court below acquitted the charge of this case. The judgment of the court below
2. Determination
A. The summary of the facts charged in the instant case is that Defendant A is an “E singing room” and Defendant B is a person who runs a singing news business, and the victim F (n.e., 28 years old) is the victim of intellectual disability 3 years old.
(1) Defendant A had a mind that the victim’s speech and behavior were divided into different persons and did not easily refuse the demand of others, and had the victim engage in sexual intercourse. On August 13, 2013, Defendant A had the victim talked with the victim at an “Esing room” located in Seocho-gu, U.S. and U.S. G, and had the victim drinked with the victim at the “Esing room.” In telephone conversations with the Defendant, “I am going on the way to go on the house,” and the victim would not have sexual intercourse without the victim’s sexual intercourse. On August 13, 2013, Defendant A had sexual intercourse with the victim since the victim was unable to resist. In other words, Defendant A had sexual intercourse with the victim at the sing room in the above singing room in order that the victim would not have sexual intercourse with the victim, and the victim would not have sexual intercourse with the victim, and the victim would not have sexual intercourse with the victim.