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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) while the Defendant was aware of the fact that C (here, 26 years of age) is a minor son of B (e.g., awareness of awareness index 44) while maintaining an internal relationship between B and B with a mental disorder via Internet hosting from around October 2013 to around October 2014, the Defendant reported marriage to the victim at the Defendant’s residence with the knowledge that he/she is living under poor economic conditions due to lack of any special income; and (b) reported marriage to the victim at the Defendant’s residence; and (c) made a marriage report at the Defendant’s residence; and (d) made half of his/her income in Jeju, such as prompt meal and preparation, if he/she
After proposing the victim's economic assistance, the victim has been willing to engage in sexual intercourse by using a situation in which the victim could not refuse his/her request.
The Defendant, from October 27, 2015 to October 30, 2015, had sexual intercourse with the victim who was disabled by force by inserting the Defendant’s sexual organ into the victim’s sound part, even though the victim was refused by the Defendant’s house located in Seongbuk-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu.
2. The Defendant and his defense counsel did not recognize the victim’s mental disorder, and sexual intercourse was upon agreement with the victim.
3. Determination
A. According to evidence duly adopted and investigated by this court, it is recognized that ① the victim was subject to restrictions in family, school, and social life due to mental disability from the victim's care to the victim, ② the mother was registered as Grade 3 of intellectual disability around 2018, ② the victim's recognition ability 44, social index 49, social age 7, age 7, and 11 months, and the victim's recognition function is very low, and it is recognized that the victim's recognition function was considerably low, and that the victim's social ability was significantly deteriorated, such as the ability to make up for, and communicate with, mental work.
In addition, the victim.