Defendants are acquitted.

A. Article 20(3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) that provides that the statute of limitations shall not apply to sexual crimes against women with physical or mental disability after the lapse of ten (10) years prior to the period of the statute of limitations on April 2012, Article 20(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012), which provides that the criminal act by the Defendants as stated in

B. The judgment of the court below that did not reduce due to mental or physical disorder even though the above Defendants committed the crime under the condition of mental or physical disorder because they met at the time of the crime in this case, and Defendant B suffered from the sternal disease, and the above Defendants suffered from the sternal disease.

C. The lower court’s sentence of unfair sentencing (10 years of imprisonment for Defendant A, 8 years of imprisonment for Defendant B, and 7 years of imprisonment for Defendant C) is too unreasonable.

2. Determination:

A. The summary of the facts charged lies in the victim F (M, 23 years old, intellectual disability Grade 2), and G (M, 16 years old) playing together with the victim, which had been playing in the playter near the E apartment in Jeju city, around April 2002, and around the above residence.

피고인들은 피해자 및 위 G과 함께 술을 마시다 G이 먼저 귀가하자, 피고인 A는 사리분별능력과 의사표현능력이 부족한 장애인인 피해자에게 찝쩍거리며 갑자기 피해자의 입술에 입을 맞추고 피해자의 가슴을 만지기 시작하였고, 피고인 B, C도 피고인 A와 암묵적으로 피해자를 강간하기로 마음먹었다.

Defendant

A is forced to disregard the victim's intention of refusal.