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(영문) 대전지방법원 공주지원 2013.08.14 2013고합20

성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged reveals that the Defendant: (a) discovered the victim E (the age of 17) who was sent to D in Sinju-si, Sinju-si; (b) induced the victim with intellectual disability Grade 2, who lacks recognition ability at a level of five years and ten months; (c) caused the victim to “brubed bed” to go back with her net order; and (d) reported the victim to “one’s own house in the same city F,” and “one’s defect” to the victim, who had a significant fall in judgment capacity, followed the victim by using the victim in a state where the victim is unable to resist due to mental disability; and (d) made the victim unable to resist by phoneing the victim on July 9, 2011; and (e) let the victim be forced to report on the victim; and (e) made the victim feel off his/her clothes with his/her mental disability by using the victim’s ability to resist.

2. Determination

A. The Defendant and his defense counsel asserted sexual intercourse with the victim, and the Defendant is not aware that the victim was unable to resist due to a mental disorder or sexual intercourse by taking advantage of such condition.

B. Determination 1) The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 201; hereinafter “Act”)

Article 6 includes not only the case where the physical or mental disorder itself is in a state of failing to resist, but also the case where the physical or physical resistance is impossible or considerably difficult due to the mental disorder or mental disorder as the main cause of the physical or mental disorder. Among them, the mental disorder is the main cause of the mental disorder, and it is impossible to resist.