The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not have sexual intercourse with the victim, and did not recognize that the victim was physically disabled.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found all of the charges of this case guilty, thereby affecting the conclusion of the judgment.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the lower court acknowledged the circumstances based on the evidence duly admitted and investigated, and determined that the Defendant had sexual intercourse with the victim with a mental disability by force.

2) The judgment of the court below is different from the circumstances acknowledged by the court below as to whether the defendant was aware of the fact that the victim was a disabled person. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, whether the victim (the victim) first asked whether the victim was a disabled person (the victim was a disabled person) first, and asked whether the victim was a disabled person card.

It shall be asked why why why we should be asked, whether you are or not, and whether they should be asked.

was required.

“,” and “Isman only in her house without showing a welfare card, but only in her house, (Ismana)

It is essential to say that there is no time to do so.

According to the statement "(45 pages of evidence records)", if the defendant knows that the victim has a mental disability and appears to have a direct confirmation thereof, the defendant was aware that the victim had a mental disability at the time of each of the crimes of this case.

It is sufficient to accept the recognition.

The judgment of the court below to this purport is just and correct.