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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the person subject to a request for attachment order (hereinafter “Defendant 1”) and Defendant asserted misunderstanding of facts and misapprehension of legal principles cannot be deemed to have been either impossible or significantly difficult for the victim to resist due to mental disorder at the time of each sexual intercourse with the victim. Notwithstanding the fact that Defendant did not exercise the victim’s power and did not infringe the victim’s sexual self-determination right, the lower court found Defendant guilty of the charges by misapprehending the legal doctrine on the crime of quasi-rape of persons with disabilities and by misapprehending the legal principles on the crime of quasi-rape of persons with disabilities. 2) In so doing, the lower court’s judgment
B. Prosecutor 1) The lower court rejected the Defendant’s request for attachment order against the Defendant despite the distorted perception of the Defendant’s sexuality and the high risk of recidivism, which led to the lower court’s dismissal of the request for attachment order.
2. Determination
A. Article 6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides for the protection of the right to sexual self-determination of a disabled person. Thus, even if the victim is a disabled person with intellectual disability grade, it should be proved that he/she has a mental disorder to the extent that he/she is unable to exercise his/her right to sexual self-determination in addition to a simple intellectual disability. The defendant should be aware that the victim
(See Supreme Court Decision 2012Do12714 Decided April 11, 2013). The Defendant also asserted the same purport as the grounds for appeal in the lower court. The lower court rejected the said assertion in detail with the allegations of the Defendant and the defense counsel in the judgment “Judgment on the Defendant and the defense counsel”.