In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

A. Defendant 1) Defendant 1 and the person against whom the attachment order was requested (hereinafter “Defendant”) by mistake of facts

(2) The lower court found the Defendant guilty of having sexual intercourse with the victim with a mental disability. In so doing, the lower court erred by misapprehending the legal doctrine, and even if the facts charged in the instant case are found guilty, the lower court’s imprisonment (four years of imprisonment) is too unreasonable.

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

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as to the Defendant’s assertion of mistake of facts, the victim was suffering from mental illness as a mental retardation at the time of the instant crime, and the Defendant also has sexual intercourse with the victim by using a deceptive scheme, recognizing that the victim was in such state. ① As a result of the psychological evaluation conducted against the victim in the Y Hospital at the time of the instant crime, the victim’s intellectual ability falls under the level of 44, i.e., the level of 2nd degree of intellectual disability, i., the ability to recognize the intellectual disability as 44, ii) lack of basic thinking and determination ability, and lack of communication ability and ability to solve problems, and it was difficult to efficiently express his/her opinions and arguments due to mental symptoms such as damage and related network, and it was deemed difficult to request the victim to sufficiently express his/her intent of refusal or to help the victim in the society (Evidence evidence 218-21-21, 2015).

hyms shall be shackers.

Ear. Doz.