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(영문) 수원지방법원 안양지원 2014.06.20 2013고합198

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the victim C (Woo, 43 years old) with intelligence index as 61 and is extremely low. It is a intellectual disabled person who has a profoundly low understanding of social norms and customs and has a profoundly low understanding ability of daily life due to damage to the ability to determine the reality.

On July 7, 2013, the Defendant discovered a victim who had a flat face in the central market located in Ansan-dong, Ansan-gu, Ansan-si, and caused the victim to be waiting for the Sejong Park. The Defendant saw the victim who was waiting for the Sejong Park as the collection of money to pay money to the victim, who was waiting for the victim in the Sejong Park as the collection of money to the defendant's house located in the Manyang-gu, Ansan-gu, Ansan-dong.

7.7. 22:00, at the Defendant’s house, the Defendant showed obscenity videos to the victim, was exempted from clothes by showing obscenity images on the victim’s side, and the victim’s chest was confined to several times, kisced, kisced, and kisced from the victim’s chests.

Accordingly, the defendant committed indecent acts against the victim who is unable to resist due to mental disability.

2. Article 6(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) provides that “The physical or mental disability itself is in a state of failing to resist, as well as in a state of physical or mental disability by itself, and includes cases where psychological or physical resistance is either impossible or considerably difficult as the main cause of the physical disability or mental disorder. Of them, determination of whether a mental disorder was the main cause of the mental disorder, not only the victim’s mental disorder but also the relationship between the victim and the perpetrator, including the victim’s status, surrounding circumstances or environment, the content and method of the perpetrator’s behavior, and the perception and reaction of the victim

On the other hand, the above provisions are sexually disabled persons.