The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The prosecutor 1) misunderstanding the facts (not guilty part of the reasons) consistently stated key parts, such as the victim’s statement in relation to the situation of the damage, such as “injecting the prosecution,” “in making the prosecution too,” “in putting it into a Myanmar,” “in having made a Myanmar in Adozine,” “in having made a Myanmar,” “in going through a Myanmar,”” and “the time when an additional high-level spac is lost.” In full view of the fact that the victim is a person with a disability of class 2 of the intellectual disability, it can be acknowledged that the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape of Disabled Persons) has been committed.

Nevertheless, the judgment of the court below which judged that it is not sufficient to recognize that the crime of this case was committed solely by the victim's statement was committed, is erroneous in the misapprehension of facts and affected the conclusion

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

2. Determination:

A. Judgment 1 on the Prosecutor’s assertion of mistake of facts in this part of the facts charged 1) The Defendant, who resided in the same club, such as the victim C (SY, 39 years of age, intellectual disability 2 level), was willing to have sexual intercourse with the victim by taking advantage of the fact that the victim could not resist due to intellectual disability, while living in the same club as that of the victim C.

On April 17, 2015, from around 20:00 to 23:50 on the same day, the Defendant took the victim into the residence of the Defendant located in Gwanak-gu in Seoul Special Metropolitan City, left the door, laid off the victim’s cell phone, laid off the victim’s her part of his cell phone, and added his sexual organ into the victim’s her part and panty, thereby having sexual intercourse once with the victim.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that he has difficulty in resisting or resisting.

2) The lower court determined that the instant crime was committed based on the evidence duly adopted and investigated, comprehensively on the following circumstances and relevant legal principles.