The Supreme Court rejected the court ruling that admitted only charges of general coercion and general rape in the case of sexual violence against persons with disabilities.
Today (25th), the third part of the Supreme Court (Presiding Judge Min Yoo-sook) broke the judgment of A's appeal for violation of the Special Act on the Punishment of Sexual Violence (Sex Act) and returned the case to the Gwangju High Court.
In October 2013, Mr. A went to the house of the victim B, who lives alone in the next building, and was handed over to trial on charges of forcibly harassing him.
In mid-November 2013, he was drunk and kicked the door of Mr. B's house with his feet, and he was also accused of swearing and rape.
In addition, in mid-January 2014, Mr. B's kitchen screen was removed and went through the window to attempt sexual assault, but it was reported that Mr. B ran out of the house and ran away, so he was attempted.
The prosecution applied the alleged violation of the sexual assault law to Mr. A, considering the fact that the victim B was delayed and visually impaired.
According to Article 6 of the Sexual Violence Act (rape or forced harassment against persons with disabilities), persons who commit rape or forced harassment against persons with physical or mental disabilities are subject to greater punishment than general rape and forced harassment.
Persons who commit general rape crimes are sentenced to three years or more in imprisonment, but under the Sexual Assault Act, those who commit rape crimes with disabilities are subject to life imprisonment or seven years or more.
However, the courts of the first and second trials said,
"The victim seems to have suffered considerable mental pain and shock from this case," and
"combining various circumstances, it is difficult to understand that the victim has a disability that requires special protection for the exercise of sexual self-determination. "
he has said.
Followed by "Mr. B has suffered polio should wear shoes, but the correction can walk enough alone, but a failure right eye almost invisible as possible about everyday life," said
judge "is difficult to know that the apparent disabilities" Height
Field.
In response, the
Supreme Court said,
"A person with a physical disability under the Sexual Violence Act refers to a person who is severely restricted in their daily life or social life due to problems such as physical function or structure. Disability varies in appearance and degree for each individual." And made a different judgment.
In addition
, he replied, "
In
judging the physical disability, the victim's condition must be fully considered, and the non-disabled person's perspective and standards should not be easily concluded that there is no disability."
This Supreme Court ruling is the first ruling specifically to present the meaning, scope and criteria for judgment of'persons with physical disabilities' under the Sexual Assault Act.
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