The Defendant’s motion to attach the instant attachment order is dismissed.

The summary of this decision shall be published.

1. On August 16, 2012, the facts charged in the instant case and the grounds for filing a request for an attachment order (hereinafter “defendant”) issued by the Incheon District Court to issue an order to attach an electronic tracking device for a location tracking device for three years and five years and completed the execution of the sentence to the Ansan Prison on June 17, 2015.

The Defendant was able to rape the victim by using the fact that the victim C (at the age of 20, 20) with the intellectual disability level 2 (Intelligent Index 47) and the Internet hosting had the intellectual ability of the victim.

On October 16, 2015, the Defendant, at around 12:00, exceeded the clothes of the victim who refused and refused to do so at the defendant's office located in Gwangjin-gu Seoul Special Metropolitan City D and 216, and had sexual intercourse once.

In addition, the Defendant was rapeed 13 times in total on October 21, 2015 by the victim who is unable to resist or resist due to a mental disorder, such as the list of crimes in the attached Table, and is at risk of recidivism.

2. Determination

A. As to the above charged facts in the instant case, the Defendant and the defense counsel asserted that at the time, the victim was not in a state of difficulty in resisting or resisting due to physical or mental disability, the Defendant did not recognize it, and that he had sexual intercourses under the agreement with the victim at the time.

Therefore, the key issue of the instant case is whether the victim was in a difficult condition to resist or resist due to a physical or mental disability at the time of committing the instant crime, and whether the Defendant was aware of it, and whether the victim consented to the sexual act.

B. Article 6(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) provides that “In a situation where it is impossible or difficult to resist due to a physical or mental disorder” is in a situation where the physical or mental disorder itself is in a situation of impossibility or resistance.