성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
The defendant shall be innocent.
1. The Defendant is engaged in agriculture, and is a person who is between the victim C and the neighbor who resides in a village with a mental disorder of about twenty (20) years ago.
On December 14, 2013, the defendant sought a memorial letter provided by the Myeon office to the head of the Dong Dong Ban and sent it to the victim. On December 14, 2013, the defendant started to find it in the house of the victim of the Gyeong Young-gun, Young-gun.
After reporting the children of the victim, confirming that only the victim is married at the victim's home, the defendant had sexual intercourse with the victim, and had the victim take the victim's sexual organ into the victim's room, forced the victim to leave the victim's sexual organ, forced the victim to leave the victim's sexual organ, exceeded the victim's will and panty, and inserted the defendant's sexual organ into the victim's sexual organ, thereby having sexual intercourse with the victim by force.
Accordingly, the defendant has sexual intercourse with the victim of mental disorder 2 by force.
2. The defendant's defense counsel changed to the purport that "the defendant had a sexual intercourse with the victim within the room at the time, and was sexual intercourse with the victim, but the victim was sexual intercourse with the victim with his sexual organ first left before the defendant's sexual organ and did not have sexual intercourse by force."
3. Determination as to whether the defendant has sexual intercourse by exercising power
A. Article 6(5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the relevant legal doctrine provides that “any person who has sexual intercourse with a person with a physical or mental disability by fraudulent means or by force shall be punished by imprisonment for a fixed term of not less than five years
Here, the term "defensive force" refers to a force sufficient to suppress the victim's free will, and as such, it is possible to use not only assault and intimidation but also social, economic, political status or authority of the actor.
In addition, the issue of whether sexual intercourse or indecent act was committed by force is the content, degree, and the status of the perpetrator who used it.