성폭력범죄의처벌등에관한특례법위반(장애인준강간)
The Defendant’s motion to attach the instant attachment order is dismissed.
The summary of the acquittal portion shall be publicly announced.
1. The summary of the facts charged is that the Defendant, while serving as public interest service personnel at C (special schools for students with intellectual disabilities) in the junior college course at C (special schools for students with intellectual disabilities), was divided into victim D (the age of 18) who is the first grade student of the above school and smartphone E. The Defendant was aware that the victim was unable to properly express his intention of refusal to the other person's request due to intellectual disability, and was able to have sexual intercourse with the victim.
On July 12, 2015, the Defendant, at around 12:40 on 12, 2015, got the victim into the office of the Defendant, 104 Dong 1503, F apartment house 104, 1503, and had the victim go out of the clothes of the victim, and had the victim go out of the clothes of the victim, and had the victim do sexual intercourse once with the victim.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of difficulty in resistance due to mental disability.
2. The Defendant and the defense counsel asserted that they had sexual intercourse under the agreement with the victim, and they had mental disorders to the extent that they could not exercise their right to sexual self-determination, although they had intellectual disabilities.
and, even if such mental disorder exists, there is no such mental disorder.
Even if the Defendant did not recognize that there was an obstacle to this degree to the victim at the time of the sex relationship of this case.
The argument is asserted.
3. Determination
A. Article 10 of the Constitution of the Republic of Korea guarantees an individual’s personality right and right to pursue happiness, and the personality right and right to pursue happiness are premised on an individual’s right to pursue happiness.
The right to self-determination of one’s own name includes the right to sexual intercourse and the right to sexual self-determination (see Constitutional Court Order 2009HunBa17, Feb. 26, 2015, etc.). Meanwhile, the right to sexual self-determination of a person in a state of impossibility or resistance due to a physical or mental disorder, such as the smallness and uncertainty of expression of intent.