The accused shall disclose the summary of the judgment of innocence.

1. Around March 2015, the Defendant became aware of the victim D (13 years old) who is a disabled child or juvenile of Grade 3 with intellectual disability through “C”, a smartphone sponsor, and had a mind to have sexual intercourse with the victim, recognizing the victim’s lack of intellectual ability than the general public through dialogue.

around March 12, 2015, the Defendant found in the “F” coffee set up in Nam-si, Namyang-si, Namyang-si, and allowed the victim to go back to spathly after talking the victim. From March 12, 2015 to 15:00, the Defendant took the victim into the victim’s room of the second floor of the “H” in Gwangjin-gu, Seoul, with the victim from March 11, 2015 to 15:0, and had the victim sexual intercourse once with the victim at the same place, who continued to sleep, and had the victim sexual intercourse with the victim once in the same manner at the same time.

As a result, the defendant has committed two sexual intercourses 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. The Defendant and his defense counsel asserted that they had sexual intercourse with the victim as stated in the facts charged of the instant case, but did not recognize the victim’s intellectual disability at the time of sexual intercourse.

3. “The ability to distinguish a private matter” under Article 8(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to the ability to reasonably determine the person’s good faith and vision, and “the ability to determine his/her will” refers to the ability to control his/her act by determining his/her will according to the degree of distinguishing things. Such capacity to distinguish things or make decisions is related to the ability to determine or decide, and is not necessarily consistent with the ability to recognize a fact or to memory.

On the other hand, whether the above ability is weak or not is related to the opinion of the expert, objective evidence such as the statement of a third party concerning the deliberation of children and juveniles, and the facts charged.