All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Prosecutor 1) The statement of the victim of mistake of facts S and witness C is consistent in an important part, and its credibility is recognized in light of the characteristics of intellectual disabled persons, and thus, the facts charged by indecent act by compulsion are fully convicted. Nevertheless, the lower court’s finding of not guilty of this part of the facts charged is erroneous in matters of law affecting the conclusion of the judgment by misunderstanding the facts, which affected the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (one year and two months of imprisonment

B. Defendant 1) Defendant 1 was under the influence of alcohol at the time of each of the instant crimes, and was in the state of defectiveness or mental and physical disability. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. The court below found the Defendant not guilty of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of the disabled) among the facts charged, and found the Defendant guilty of the remaining facts after dismissing the prosecution, and sentenced the Defendant to one year and two months of imprisonment. The Defendant appealed on the guilty portion on the ground of mental disorder and unfair sentencing, and the prosecutor appealed on the ground of unfair sentencing as to all the remainder except for the part of mistake of facts and dismissal of the prosecution.

Thus, since the part of the judgment of the court of first instance which dismissed public prosecution in this case is separated and confirmed by not filing an appeal against both parties, it is limited to the remaining part of the judgment of the court of first instance excluding the part which dismissed public prosecution.

3. Determination

A. Judgment on the Prosecutor’s misunderstanding of facts 1) The summary of this part of the facts charged was known to the Defendant that he was the victim S (or the disabled of Grade III of this intellectual disability, who was 47 years old.

At around 18:30 on December 2, 201, the Defendant alcoholic beverages with the victim, C, T, etc. at R's house located in Gangnam-gu Seoul Metropolitan Government D apartment 110 Dong 914.