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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (legal scenario) is that the victim was in a state of failing to resist due to intellectual disability at the time of the crime of this case. However, the court below erred by misapprehending the legal principles on Article 6(4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); thus, found the victim not guilty of the primary facts of this case. Thus, the court below erred by misapprehending the legal principles on quasi-rape against the disabled, which affected the conclusion of the judgment.
2. Determination
A. The main point of the facts charged in the instant case is the victim C (the age of 43) with intellectual disability with the intelligence index of 48.
At around 14:00 on October 12, 2012, the Defendant discovered the above victim at the bus stops located in the south-gu bus stops in order to say, “I will see? I will ? I will ? you will ? you will ? you will ? you will ? you will ? you will ? you will ?..........................................”
Accordingly, the defendant thought that the victim would commit an indecent act by using the fact that he is a disabled person, and driven the above truck with G parking lot hole located in North-gu, North-gu, North Korea, not in the direction of the victim's house.
After arrival at the above parking lot hole, the Defendant parked the above truck, and laid down knee head on knee of the victim, feld the victim's chest, feld the victim's chest, feld the victim's chest, feld the victim's chest, and feld the victim with mental disability, such as drinking the victim's fel on the part of the victim, committed indecent act against the victim who was unable to resist.
B. The provision of the Act on the Punishment, etc. of Sexual Crimes and its interpretation 1) Article 6 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 2011) has sexual intercourse with a female by taking advantage of the fact that the female is in a state of failing to resist due to physical or mental disability.