The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant knew of the fact that the level of intelligence level of the victim B (the age of 34) living in adjoining neighbors (intelligent index 51) falls, and attempted to commit an indecent act against the victim using it.

피고인은 2018. 5. 일자불상 10:00경 양산시 C 소재 피고인의 주거지인 원룸 D호에서, 청소를 도와주려고 방문한 피해자를 안방으로 데리고 가 침대에 눕히고, 피해자가 ‘하지마라’라고 말을 하자 피해자에게 ‘고함지르지 마라, 옆집에 다 들린다, 조용히 해라’라고 말을 하면서 피해자의 옷을 벗기고 피해자의 가슴을 만지고 성기를 핥고 손가락을 집어넣어 위력으로써 정신적인 장애가 있는 피해자를 추행하였다.

B. On July 21, 2018, around 21:00, the Defendant called the victim’s residence located in Yangsan-si E, to visit the victim with coffee, and the Defendant committed an indecent act against the victim with mental disorder by force by drinking the victim’s chest on his/her home and under his/her clothes.

2. The summary of the Defendant’s and the defense counsel’s assertion is that the victim’s statement on the facts charged of the instant case is not reliable and sufficient to prove the crime.

Although the defendant and his defense counsel's statement and defense counsel's written opinion are as mentioned above, in light of the defendant's written opinion and investigative agency's statement and the purpose of examination of witness, the facts charged are.

In the case of paragraph (1), the intention is denied, and the facts charged are also the fact that the act like the facts charged was stated, but the exercise of power (limited to detention) is not an exercise of power.

In the case of Paragraph 1, it seems that there is no action such as the facts charged.

3. Determination

A. The offense of violating the relevant legal principles against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities) is an indecent act against a person with a physical or mental disability by deceptive scheme or by force.