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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant: (a) was unable to refuse or determine the horses of the victim C (the age of 19) age 7 due to intellectual disability Grade 2; (b) was unable to make statements to the degree of 7 years of intellectual ability; (c) was unable to make statements to the victim of sexual assault; and (d) was aware that he was unable to make statements to his parents, police, or students of school, etc.; and (c) was willing to have sexual intercourse with the victim by using the awareness that he was unable to prepare the fact of damage to his parents, police, or students of school; and (d) was exempted from the victim’s clothes at the victim’s residence located in Do government-Si apartment 105, and
As a result, the Defendant raped once by using the victim's mental disability to resist.
2. Determination
A. The Defendant and his defense counsel denied the above facts charged while having no raped the victim at the time and place of the above facts charged.
B. It is difficult to believe that the victim’s statement, the direct evidence of the evidence that seems consistent with the facts charged in the instant case, among the evidence that the victim’s statement was revealed by the evidence adopted and investigated by this court, is difficult in light of the following circumstances.
(1) While the victim was living in 105 D apartment units located in the Dong government around 2006, he was victimized by sexual assault and was admitted to “E”, which is a welfare facility for the disabled in Ansan-si on January 2, 2007. The victim’s mother applied for departure from the victim on July 23, 201, and had the victim stayed in the said apartment again from July 23, 201 to August 6, 201. At that time, the victim was investigated by the police by sexual assault from the second Ne-dong residents.
(2) On March 13, 2012, the victim was under the first police investigation, and subsequently stated that G was the other party to sexual assault (i.e., 102 dong 11) and was raped at G’s house, and there was a large and smaller room in the house.