성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles do not fall under “the case where a person lacks the ability to discern things or make decisions due to a mental disorder,” and even if there was a statement recognizing the authenticity of an intermediary, a person in a fiduciary relationship who was present in the investigative process, or an intermediary, the victim is investigated and recorded by an investigative agency (hereinafter “the instant video recording”).
A) The statements made by the victim in the register are inadmissible as evidence. 2) The victim does not constitute “persons with mental disability” under Article 6(3) and Article 6(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), and even if so, the Defendant did not have awareness thereof.
3) The Defendant did not have sexual intercourse with the victim by indecent act by force or by force. However, the Defendant was in a state of mental and physical disability due to excessive drinking at the time of each of the instant crimes.
2. Determination
A. 1) Determination of mistake of facts and misapprehension of legal principles regarding the instant investigation video product: (a) In a case where the victim of a sexual crime lacks the ability to discern things or make decisions due to mental disorder, the content and process of the victim’s statement and the recording device such as a video recorder shall be recorded and preserved in the victim’s video recording device; (b) the victim’s statement recorded in the video recording recording recording device shall be admissible as evidence in a case where the victim’s statement recorded in the video recording recording device is acknowledged to be genuine by the victim, a person in a fiduciary relationship who was present in the investigation process, or an intermediary’s statement on the date of preparatory hearing or court date.
(6) Meanwhile, Article 30(1) of the Sexual Violence Punishment Act provides that “the ability to distinguish a dead body” refers to “the ability to distinguish a dead body.