The part of the case of the defendant is reversed.

The defendant shall be innocent.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment of the court below regarding the attachment order case is excluded from the scope of the trial, and the scope of the trial of this court is limited to the part of

2. Summary of reasons for appeal;

A. The Defendant had sexual intercourse with the victim on the ground that there is no credibility of the victim’s statements and the F and N’s statements by mistake of facts and misapprehension of legal principles

not be deemed to have been a sexual relationship between the Defendant and the victim.

Even if the victim was unable to exercise or exercise his right to sexual self-determination due to a mental disorder, the court below found the Defendant guilty of the facts charged in this case, and erred by misapprehending the legal principles.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of three years and six months, and the completion of the sexual assault treatment program) is too unreasonable.

3. Determination

A. Around March 21, 2002, the summary of the facts charged is that the Defendant was aware of the fact that there was a physical disability (I Q 46) that the victim’s sexual behavior was not properly understood, and that it fell short of decentralization without properly understanding the meaning of sexual behavior, since the Defendant was married with F, the mother of the victim E (I Q 46, hereinafter “victim”).

The Defendant had the mind to have sexual intercourse with the victim by taking advantage of the above intellectual disability status of the victimized person, and F, at one’s home and at one’s own house, F, the new wall time f, Nam-gu, Incheon Metropolitan City Building D, 302 (hereinafter “instant loan”) and 302 (hereinafter “instant lending”).