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TITLE Supreme Court Decision 2016Do4404, 2016Jeondo49 Decided February 25, 2021 【Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Persons with Disabilities) (Acknowledged Name of Crime: Rape; Attempted Rape); Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Sexual Intercourse by Deceptive Scheme, etc. with Persons with Disabilities); Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual [full Text]
Summary
【Main Issue and Holding】 Meaning of “a person with a physical disability” stipulated in Article 6 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and standard for determining a physical disability Whether an offender should have recognized that the victim had such physical disability at the time of the crime for “rape and indecent act by compulsion on a person with a physical disability” punished by the above provision to be constituted (affirmative)
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