All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding of facts (the part concerning the crime of mistake) found the victim to have sexual intercourse with the victim knowing that the victim had a mental disorder, but the defendant did not have had the victim mistake or mistake by actively deceiving the victim as “E,” and instead, the victim led to the victim’s perception due to mental disorder. Nevertheless, the court below convicted the victim of this part of the charges on the basis of the victim’s statement that falls short of credibility. The court below erred by misapprehending the facts. 2) The sentencing of the court below on unreasonable sentencing is too unreasonable.

B. Public prosecutor 1) misunderstanding of legal principles and mistake of facts (public prosecutor 1) made several times from the end of July 2017 to the end of December of the same year, and the defendant had sexual intercourses with the victim during several times. Even if the victim and the defendant's statement, it is difficult to specify the specific date, time, and place of sexual intercourses in several times during the above period, but it is evident that at least one fraud was committed during the above period. Considering these circumstances, the public prosecutor was indicted for only one of the crimes, not all the crimes during the above period, as indicated in this part of the facts charged. Therefore, even if the date and time of the crime in this part of the facts charged are indicated somewhat in general, it is reasonable to view that this is due to the limitation of the defendant and the victim's memory, and therefore, it is difficult to view that the defendant's right to defense is infringed. Nevertheless, the court below dismissed the prosecution on the facts charged for an unspecified reason, and erred by misapprehending the legal principles on the specification of the facts charged, and by misapprehending the relevant facts.

2. Determination

A. Defendant’s assertion of mistake of facts.