성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged reveals that the Defendant became aware of the victim D (the name, the 29-year age) with delay in interest of Grade 1 and Grade 2 with intellectual disability in C in around 2010, and that the victim lacks the ability to determine and lacks the ability to express his/her opinion. On August 2015, the Defendant called the Defendant’s phone number with the phone number filled by the victim.
1. The Defendant, on September 2015, 2015, took the victim’s house located in Young-gun E before the victim was called, and “I need not take the victim.”
The request of the victim referred to as ", after silenting the victim's request, exceeded the clothes of the victim and has sexual intercourse once with the victim.
2. From the date and time set forth in the above paragraph 1, the Defendant: (a) at the same place after approximately one week; (b) at the same place after about one week; and (c) at the same place on January 2016.
After examining the request of the victim referred to, the victim had sexual intercourse with each other at least once.
Accordingly, the Defendant had sexual intercourse with a victim of mental disability by force over four times.
2. Although there was a sexual intercourse between the defendant and his/her defense counsel by mutual consent with the victim’s assertion of sexual intercourse, there was no sexual intercourse against the victim’s will, as stated in the facts charged, and at the time of sexual intercourse, the victim was unaware of the fact that he/she was a person with a disability of Grade 1.
3. Determination
A. The following circumstances acknowledged by the evidence duly adopted and examined by this court as to whether the Defendant was aware of the fact that the victim was a person with intellectual disability, namely, ① According to Article 2 [Attachment 1] of the Enforcement Rule of the Act on Welfare of Persons with Disabilities with Intellectual Disabilities with the 1st degree of disability, the intellectual disability grade is divided into class 1, 2, and 3. Of them, class 1 refers to “a person with intelligence index less than 35 and who needs protection of another person for one’s life because it is substantially difficult to adapt to the daily life and social life.”
and the victim’s statement attitude, expression, etc. expressed in the victim’s video CD;