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(영문) 제주지방법원 2015.07.02 2014고합211
성폭력범죄의처벌등에관한특례법위반(장애인준강간등)
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged reveals that the Defendant had access to, and came to know of, the victim D (the age of 26) who resides in the same apartment site in Seocho-si, where his mother is residing, and used the victim’s sexual intercourse with the victim’s sexual intercourse with the victim’s 1st grade (the first grade Q47, the social age of 7.6), who was unable to fully understand the meaning of sexual behavior, due to mental disability to the extent that it is impossible or considerably difficult for the victim to refuse or resist the sexual behavior.

On June 2014, the Defendant, at night, allowed the victim to walk the phone and enter the victim into a warehouse after the E citizens' hall located in the Sinpo City E in Sinpo City in Sinpo City, and had the victim walk the victim on a sofa, and had the victim walked on a sofa, she was able to walk the victim on the sofa, she was facing off the upper part of the fac, she was faced, she was faced, she was faced, she was faced, she was faced, she was faced, she was faced, she was faced, she was faced, and she was faced, by inserting the victim's sexual organ on the body of the victim into the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the state of impossibility to resist due to mental disability.

2. Determination

A. Article 6 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 201; hereinafter “former Sexual Exposure Act”) provides that “a state in which a person is unable to resist due to physical or mental disability” shall be deemed to include not only the cases in which the physical or mental disability itself is in a state of refusal to resist, but also the cases in which the physical or mental disability or mental disability is in a state of mental disability that makes it the main cause, thereby making it impossible or difficult to resist, and whether the psychological or physical disability was in a state of refusal to resist.

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