The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) misunderstanding of the facts or misunderstanding of the legal principles (as to the part not guilty of the grounds), the Defendant committed the instant crime with the knowledge that the victim could not easily resist because of good health. There was an intentional intent to commit a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities).

Therefore, it was not proved that the defendant was aware of the victim's physical disability at the time of the crime of this case.

In light of the foregoing, the lower court rendered a not guilty verdict on charges of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Persons with Disabilities).

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination

A. The lower court, based on the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine, proved that there is no reasonable doubt that the Defendant was aware of the victim’s physical disability at the time of the instant crime, solely based on the submitted evidence, while explaining the grounds for the determination in detail

Not deemed insufficient

In light of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Persons with Disabilities), the court acquitted a person on charges.

In light of the records, the judgment of the court below is correct and there is no error of law by misunderstanding the facts or misunderstanding the legal principles as alleged in the prosecutor'

Therefore, the prosecutor's above assertion is without merit.

B. The instant crime committed on the part of the Defendant and the Prosecutor’s argument that the sentencing was unfair is determined by the Defendant’s mother for a long time.

The crime was committed by assaulting a victim who was frightly and well-known, coercing his resistance, and attempted rape, and the victim seems to have suffered a great physical and mental pain due to the crime of this case.