성폭력범죄의처벌등에관한특례법위반(장애인강간)등
A defendant shall be punished by imprisonment for three years.
The defendant's disclosure of information about the defendant shall be made through an information and communications network for four years.
Punishment of the crime
The defendant is a person with no certain occupation, and the victim F(n, 29 years old) is a mentally disabled person of Grade III with intellectual disability.
1. On September 21, 2010, the Defendant discovered that, in the Jung-gu, Busan Metropolitan City G shopping district, F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F.
2. Around 23:00 on September 21, 2010, the Defendant: (a) entitled the victim F to drink a coffee containing an infinite drug in the infinite in Busan Young-gu, Busan; and (b) the victim exempted the clothes and inner clothes of the victim marier from coffee; and (c) took the Defendant’s sexual organ into the victim’s sexual organ into the victim’s sexual organ, thereby engaging in sexual intercourse by taking advantage of the victim’s non-definite or non-competence.
Summary of Evidence
1. The statement of F recorded in each video recording CD;
1. Police officers (third time) of Defendant A and suspect interrogation protocol of Defendant A;
1. Police officers againstO and suspect interrogation records by prosecutors;
1. Each police protocol of statement of M, P, andO;
1. A copy of medical records, a certificate of disability diagnosis, a consultation report, a welfare card (a copy), the defendant and defense counsel asserted that the defendant did not attract a victim for the purpose of sexual intercourse, but in light of the relationship between the defendant and the victim, the degree of disability of the victim, the background of the administration of the defendant and the victim, the defendant's behavior in the inn, etc., etc., the defendant and defense counsel may recognize the facts that the defendant has taken the victim with mental disorder into custody for the purpose of sexual intercourse by deceiving or harshly treating the victim with the victim with the intent to have sexual intercourse with the victim]. However, if the defendant and defense counsel have sexual intercourse with the victim, they did not have a state of her failure to resist.