The Defendant came to know of the victim E (44 years of age, female) who is a disabled person of Grade II intellectual disability in the D restaurant located in the Gangseo-gu Seoul Metropolitan Government from around June 2009 to June 2012, the Defendant knew that the victim was a disabled person with the intellectual disability of Grade II (4 years of age, female) and had the victim aware of the fact that the victim was a disabled person with a significantly lower intellectual ability and language ability

On June 21, 201, at around 21:30, the Defendant, at the end of 21:30, took the victim into a lodging in a F Farming Corporation where the Defendant resides, and, at the end of 21:30, was sexual intercourse by inserting the victim’s sexual organ into the part of the victim’s panty, putting the victim on the floor and walking the upper part and the brode on the floor and walking the brode in the upper part, putting the victim out, and

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of mental disability such as disability to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Second prosecutor's protocol of examination of the accused;

1. E’s statement recorded in the damaged statement CDs in relation to E, and stenographic records of the Gangwon Sea Child Center in the Gangwon Sea Center (Evidence No. 4);

1. A certificate of a disabled person, a medical certificate of a mentally handicapped person, a medical opinion, and a psychological evaluation report;

1. Determination as to the assertion by the Defendant and the defense counsel of the investigation report (the confirmation of the victim's accompanying site), (the date and time relevance of the crime), (the addition of field photographs)

1. The alleged victim was aware of the meaning of sexual intercourse at the time of sexual intercourse as stated in the judgment with the defendant, and suggested that the defendant has sexual intercourse and has sexual intercourse in a situation where his refusal to do so is clearly expressed, thereby resulting in sexual intercourse. Thus, the victim did not have the state of failing to resist due to mental disability at the time of the sexual relationship with the defendant.

2. Article 6 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010; hereinafter “former Sexual Crimes Punishment Act”) is in the state of failing to resist due to physical or mental disability.