All appeals by the defendant and the prosecutor are dismissed.

The summary of the grounds for appeal is as follows: ① The defendant misleads the victim of the fact that he/she mediates the sexual traffic of the victim; ② The victim does not force the victim to engage in the sexual traffic by force; ② the victim is in the third degree of intellectual disability, but the victim is not "a person who lacks the ability to discern things or make decisions." Thus, the victim

③ In addition, even though the fact that the defendant made the victim as soon as possible, the victim did not commit an indecent act against the victim who has mental disorder by force, but only caused the victim to commit such an act by his own request.

In particular, on August 29, 2016, the date and time indicated in this part of the facts charged, there is no fact that the victim made the victim promptly.

Nevertheless, the court below rejected the credibility of the victim's statement in the court below which corresponds to the defendant's defense counsel, and accepted the victim's statement in an investigation agency with no credibility as evidence, thereby finding the defendant guilty of all the facts charged in this case. The court below erred by misunderstanding facts and affecting the conclusion

In light of the various sentencing conditions of this case, the punishment imposed by the court below (the completion of sexual assault treatment programs with 3 years and 6 months, 120 hours, confiscation, and additional collection of 8 million won) is too unreasonable.

In light of the various sentencing conditions in this case, the sentence imposed by the court below is too uneasible and unfair.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to whether the Defendant’s assertion of mistake of the facts by force was forced to engage in sexual traffic by force (the grounds of appeal No. 1, 3) and committed an indecent act against the victim as stated in the facts charged of this case, the court below’s acknowledgement and determination of this part of the facts are justified.