beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the victim C (the age of 26) is a disabled person of Grade II with intellectual disability with weak ability to discern things and ability to express his/her opinion, and the accused used it to have sexual intercourse with the victim.
At around 20:30 on March 16, 2013, the Defendant: (a) 20:30 on March 20, 2013, when the Defendant was carrying the victim on the Defendant’s vehicle, and was able to take the said 303 female room located in D, E, E, 303, and was on the victim’s chest, and was in sexual intercourse once with the victim on the part of the victim, due to the fact that the Defendant was frightened on the victim’s chest, and the face was taken on the part of the victim.
Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.
2. The defendant asserts that the defendant's assertion has sexual intercourse under the agreement with the victim who had consistently attended with the investigative agency from the time to the time of this court, and that he did not have sexual intercourse against his will by force.
3. The judgment of this Court
A. Article 6(5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes 1 of the relevant legal doctrine provides that “Any person who has sexual intercourse with a person with a physical or mental disability by fraudulent means or by force shall be punished by imprisonment for a limited term of at least five years.”
Here, the term "defensive force" refers to a force sufficient to suppress the victim's free will, and as such, it is possible to use not only assault and intimidation but also social, economic, political status or authority of the actor.
In addition, whether or not a person has committed sexual intercourse or indecent act by force shall comprehensively take into account all the circumstances, such as the content and degree of the tangible power exercised, the status of the offender or the right of use, the age of the victim, the relationship between the offender and the victim before, the circumstances leading to the act, the form of specific act, and the circumstances at the time of the crime.