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TITLE Supreme Court Decision 2016Do4404, 2016Jeondo49 Decided February 25, 2021 ¡¼Violation 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
¡¼Main Issue and Holding¡½ 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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