The judgment of the court below is reversed.

The defendant is innocent.

1. Summary of grounds for appeal;

A. In contrast to the general public, the Defendant was not aware of the fact that the victim was unable to exercise his right to sexual self-determination at the time of the instant case due to lack of intellectual ability, and thus, the Defendant did not have sexual intercourse by taking advantage of the victim’s mental disability to resist.

Therefore, the judgment of the court below convicting each of the facts charged of this case is erroneous as violating the rules of evidence.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

가. 이 사건 공소사실의 요지 피고인은 2013. 5. 26.경 서울 동작구 동작동 58 부근 정자에서 평소 같은 동네에 살고 있는 지적장애 3급 장애인인 피해자 C(여, 49세)이 혼자 있는 것을 발견하고 피해자에게 음료수를 사주겠다고 하며 인근 떡볶이 가게로 데리고 가 떡볶이를 사주면서 피고인의 집 구경을 시켜주겠다고 말하여 자신의 집으로 데리고 갔다.

① On the same day, the Defendant, at the Defendant’s house located 305 on the same day, placed the victim on a brupted ground, by taking advantage of the victim’s difficulty in resisting due to any mental disability, was discharged from the victim’s body and clothes, and then placed the victim’s body above the victim’s body into the victim’s sexual organ inserted the victim’s sexual organ into the victim’s sound organ.

② Around May 27, 2013, the following day, the Defendant had sexual intercourse with the victim in the same manner without returning the victim to the same place.

Accordingly, the defendant has sexual intercourses with the victim twice through the victim's mental disability in a difficult state of resistance.

B. The lower court’s judgment, based on the following circumstances admitted by evidence, reveals that the Defendant’s intellectual level, etc. is not possible to exercise the victim’s right to sexual self-determination at the time of the instant case.