The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The summary of the facts charged is indicated in the indictment by the Defendant as the victim C, who is a disabled child or juvenile (at the age of 18, referred to as "at the age of 17," but it is apparent that the victim is 18 years of age around July 2015, which was at the time of the instant case, by E.)

At the elementary school course, the victim was aware that he was in the special class of the D High School in the C High School and was lacking intellectual ability than the general public, and was willing to have sexual intercourse with the victim.

1. On July 25, 2015, the Defendant: (a) around 17:42 on July 25, 2015, “Maur G” in “Maur G” in “Maurg” in “Maurg” in “Maurg” in “Maurg”, and (b) had sexual intercourse with the victim one time at the place of “Maurg” in “Maurg”.

As a result, the defendant has sexual intercourse with the victim who is a child or juvenile under 13 years of age or older who lacks the ability to discern things or make decisions due to mental disorder.

2. On July 16, 2015, around the end of 16:00, the Defendant placed the victim at the heading room of “Iel” located in Sinnam-si H, Sungnam-si, and committed an indecent act by hand by deceiving the chest and the sound with his hand.

Accordingly, the Defendant committed an indecent act once against the victim who is a child or juvenile of 13 years of age or older and lacks the ability to discern things or make decisions due to mental disorder.

Judgment

1. The summary of the Defendant’s and the defense counsel’s assertion lies in the fact that the Defendant has sexual intercourses with the victim at the time and place specified in the facts charged, or the body of the victim.

However, there was an intellectual obstacle that the victim could not exercise his/her right to sexual self-determination at the time of the case.

The defendant cannot be punished for violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, since he/she did not recognize it even if he/she was in such a state of domestic affairs.

2. The burden of proof of the facts charged in a criminal trial for the relevant legal principles is against the public prosecutor, and the recognition of guilt is sufficient to have a judge make a reasonable doubt.