A. The victim of mistake of facts was suffering from the defendant's birth, and there was no fact that the defendant gave consent to the victim.

B. At the time of committing the instant crime, the Defendant was in a state of mental disability, mental or physical disability, due to symptoms of mental illness that could not suppress the impulse of crime.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below, the defendant's assertion on mistake of facts is not accepted, since the defendant is admitted to walk the victim.

B. In light of the various circumstances indicated in the record, such as the background leading up to the Defendant to the crime, the details of the crime, and the Defendant’s behavior before and after the crime, the Defendant was unable to discern things and make decisions at the time of the crime.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. In full view of the circumstances, such as the fact that the nature of the crime claiming unfair sentencing is not bad and contrary, the repeated crime falls under the category of repeated crimes, the lower limit of statutory penalty is a limited term of not less than one year, and the damage has not been recovered, the lower court’s sentence imposed on the Defendant does not seem to be unreasonable, and thus, the Defendant’s assertion on this part cannot be accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.