The defendant shall be innocent.

1. The summary of the facts charged in the instant case was known to the Defendant through D, which was known to the police officer during the middle of November 2014, and became aware of the victim E (the age of 14). The victim is a middle student of Grade III with intellectual disability.

1. At around 17:00 on December 5, 2014, the Defendant: (a) opened a G Library shop located in F in Namyang-si, Namyang-si; (b) opened a buckbucker with the victim, she was able to attract the victim to the chair; and (c) opened a bucker with his/her hand, and her chest was bucked.

Accordingly, the defendant committed an indecent act against the victim in a difficult situation due to mental disability.

2. On December 5, 2014, around 18:25, 2014, the Defendant exceeded the victim’s school uniforms stacks, spats, and straws from H apartment 406-dong 10-dong 10-dong 10-dong 10-dong 10-dong 10-dong 10-dong 10-dong 10-dong 10-dong 10-dong 10-dong 2

Accordingly, the defendant has sexual intercourse with a victim who is in a difficult situation due to mental disability.

2. The Defendant and his defense counsel asserted that they had sexual intercourse with the victim as stated in the facts charged of this case. However, at the time of sexual intercourse, they did not recognize that the victim had intellectual disabilities, and they had sexual intercourse with the victim under an agreement with the victim.

3. Determination

A. Article 6(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) includes not only physical disability or mental disorder itself but also cases where psychological or physical resistance is either impossible or considerably difficult due to a physical disability or mental disorder as the main cause. Of them, determination of whether a mental disorder caused a mental disorder, the victim’s mental disorder as well as relation, including the victim’s status and the perpetrator’s identity, surrounding circumstances or environment, the content and method of the perpetrator’s behavior, and the victim’s perception and response.