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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that the victim C (the age of 23) was a second-class mentally handicapped person, who was admitted to a prison No. 4n-25 in which he/she was admitted, and the victim was unaware of his/her ability to discern things and ability to express his/her opinion, and he/she was able to commit an indecent act by using it.
On July 2012, the Defendant: (a) caused the Defendant’s desire to report the form of the victim being divingd in the room No. 4Hah 25 of the Man-gu, Yan-gu, Yan-gu, Yandong-gu, Yancheon-gu, Yan-gu, Yan-gu, the North Korean Peninsula, and was off the victim’s panty and panty, and was down the victim’s sexual organ by hand.
While the Defendant continued to set up the victim's sexual organ next to the victim, and tried to put the victim's her sexual organ into his her her her mack, the victim walked off his her body and resisted his her body, and the victim blicked his her mack by hand, prevented the victim from resisting, and put his mack into the victim's anus.
2. The gist of the Defendant’s lawsuit consistently states that no act of similarity exists with the victim, such as the police investigation from the police investigation to the court.
3. Determination
A. The Defendant, who opened the evidence, was indicted of committing an indecent act against the victim in the port prison in which he was aware of, and accordingly, there is a complaint, a police protocol against the victim, a statement of the victim recorded in the video CD of the investigation report (1 and 2 video CDs attached thereto), a statement of the victim in D investigative agency and this court, and a criminal investigation report (D’s hearing report and accompanying photo of the crime).
However, the investigation report (Attachment of a photograph of a criminal act) is only a re-term of the situation at the time of the crime by the victim's statement. Thus, it cannot be a direct evidence supporting the facts charged in this case, and the remaining evidence is based on the victim's or D's statement. Thus, it is below the limit.