The judgment of the court below is reversed.

The punishment of the accused shall be three years of imprisonment.

except that from the date of this judgment.

1. The sentence imposed by the court below on the defendant is too vague and unfair.

2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the facts charged in the instant case ex officio before the judgment on the grounds for appeal by the Defendant, and the prosecutor raised the case in this court, and the name of the crime in Article 2 of the instant facts charged in the instant case “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compacting Persons with Disabilities, etc.)” under Article 6(5) of the applicable Act “Article 6(5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,” and the subject of the

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of the criminal facts and evidence against the defendant recognized by this court is as follows: the sentence No. 9 of the judgment of the court below is deemed as "2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes")"; the sentence No. 12-13 of the judgment of the court below is deemed as " thereby the defendant has sexual intercourse with the victim who has a mental disability by force." The summary of the second of the judgment of the court below is as stated in the corresponding column of the judgment of the court below except for the alteration of "1. The defendant's legal statement" in the summary of the second of the evidence

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant legal provisions and Article 6(5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (a noise between persons with disabilities, such as deceptive schemes), and Article 319(1) of the Criminal Act (a) (a point of intrusion upon residence and a choice of imprisonment with labor);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.