The defendant shall be innocent.

1. The summary of the facts charged is the victim B (the life expectancy, the age of 48) is a disabled person with hearing disability 2.

around October 2014, the Defendant was aware of the fact that: (a) around October 2014, the Defendant first met the victim; (b) contact with the victim; and (c) contact with the victim; and (d) it was difficult for the victim to hear and speak due to a disability.

From August 2015, the Defendant met with the victim on September 25, 2015, between the victim in Ansan-gu, Annsan-si, the Defendant: (a) laid the victim in the house of the victim in Ansan-gu, Annsan-si E; (b) laid the victim into the top of the F.p. vehicle of the Defendant’s operation; and (c) laid the victim a food to the victim while driving the victim again in the direction of the victim’s house; and (d) put the victim into the direction of the victim’s house in Suwon-si, Suwon-si, the Defendant stopped the victim into the top of the vehicle of the F.p. vehicle of the Defendant’s operation; and (e) put the victim at the top of the vehicle under the direction of the victim’s house.

The Defendant continued to put his panty and after having panty, moved to the spande of the victim who sits into the spane and spanch, cut off the boom and clothes of the victim, and then boarded the victim’s body. The victim spane and spaneed the victim’s sound, and spane the victim’s resistance against the victim, but the victim was sexual intercourse after having spane the victim’s resistance by leaving the victim’s body and spane the victim’s hand.

Accordingly, the defendant has sexual intercourse with the disabled victim by force.

2. The gist of the Defendant and his defense counsel’s assertion is only a sexual relationship agreed upon with the victim on the date and time stated in the facts charged, and they do not have sexual intercourse with the victim by force.

3. Determination

A. Article 6(5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) provides punishment for sexual intercourse with a female with a physical or mental disability by fraudulent means or by force, thereby sexual intercourse with the disabled.