1. The part of the judgment of the court below against the defendant is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. The defendant.

1. Summary of grounds for appeal;

A. Although the Defendant was aware of the fact that he did so under the agreement with the victim, there is no indecent act or sexual intercourse with the victim by force.

Even if the defendant had sexual contact against the victim's will, he only committed indecent acts, but did not have sexual intercourse.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. First of all, we examine the defendant's argument of mistake of facts.

A. The summary of the facts charged against the Defendant was that the victim J (the 39 years old) with intellectual disability 3 disabled persons frequently talked with the victim, while living together with the elderly, etc. in the 1st forum located in the north-gu He at the time of Pyeongtaek-gu in Pyeongtaek-gu in Pyeongtaek-si, and that the victim was willing to have sexual intercourse with the victim by using the victim's ability to discern things due to disability.

On September 28, 2014, the Defendant discovered the victim from the above I before the P.M. and told the victim to engage in sexual intercourse with the victim, and led the victim to "I will be present at the P.M. house in the P.M., the Defendant moved the victim to the water supply mountain sperm located in the Seosan-dong in the North Korea-dong at the port of port."

The Defendant, at the same night, told the victim off clothes, and the victim was unable to resist with the Defendant’s speech and behavior due to mental disorder, and responded to this, he sexual intercourse with the victim who was on the body of the victim.

The Defendant, by hand, continuously landed the Defendant’s body below the victim’s body and laid down the victim’s head debt, and took the victim’s head at a time when the victim’s head head was sprinked, and sexual intercourse with another victim who was frightened into the victim’s body by using the victim’s body that the victim cannot resist properly.

Accordingly, the defendant has sexual intercourse with a person with mental disability by fraudulent means or by force.

B. The lower court’s judgment is as follows.