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(영문) 인천지방법원 부천지원 2014.12.05 2014고합15
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was married with G, who is the mother of the Victim F (AF, 28 years of age), and the victim was receiving hospitalized treatment, etc. due to mental fission from July 2001, and was currently determined at Grade III mental disorder.

On July 10, 2013, the Defendant: (a) knew of the fact that G was going to leave from Seocheon-gu, Seocheon-gu H apartment 7 Dong 1001, Seocheon-gu, Seocheon-gu, Seocheon-gu, 201, and led the victim to get off his clothes as his residence.

Since then, the Defendant laid off his clothes to a victim who is unable to get out of the victim's intellectual ability, and inserted the victim's bridge and chest into the victim's leg and chest.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

2. The gist of the defendant’s lawsuit is that the defendant had sexual intercourse with the victim as stated in the above facts charged.

3. Determination

A. The burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. (See, e.g., Supreme Court Decision 2001Do2823, Aug. 21, 2001).

According to the evidence duly adopted and investigated by this court, the victim was hospitalized and outpatientd continuously from around 15 years of age in 2001 due to the outbreak of a detailed mental fission, and on August 13, 2013, although there were symptoms such as net conditions, exchange, accident disorder, and mosing behavior due to mental division on August 13, 201, the victim was judged as having a mental disorder 3. The victim's mother G, who was the victim's father, was separated from the victim's father-child I from around 200, and around 205.

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