A defendant shall be punished by imprisonment for four years.

information about the defendant for five years.

A. In light of the fact that: (a) the Defendant and the person subject to the request for attachment order (hereinafter “Defendant”) and the victim of the misapprehension of the legal principles did not know that the victim was in a state of non-performance of the right to sexual self-determination at the time of committing the instant crime; (b) the victim did not know that the victim was in a state of non-performance of the right to sexual self-determination; and (c) even if the victim was unable to resist due to mental disability, the victim did not know that he was in a state of the victim; and (d) the victim did not have sexual intercourse under the agreement with the victim merely induced the victim to have sexual intercourse with the victim, and there was no fact that the victim had sexual intercourse with the victim through a deceptive scheme, which was divided into the N Internet hosting website and C Internet hosting website; and (e) the victim was found to have committed sexual intercourse with the victim with the victim by means of a deceptive scheme for three years and five years and five years after the first sexual intercourse.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The summary of the facts charged by the lower court became aware of the victim D (the age of 21) with mental disorders, such as Grade III intellectual disability and mental fissiona, through Internet hosting site C, around January 2013.

피고인은 피해자가 정신적인 장애로 인하여 성적 자기결정권을 행사하기 어려운 점을 이용하여 자신의 집으로 유인하여 간음하거나 추행하기로 마음먹고, 2013. 1. 3. 21:35경 C으로 피해자에게 ' 야 너가 말도 없이 걍 나가버려서 쪽지 남긴다, 너가 오면 재미있게 놀자 그나저나 어떻게 만원도...