The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The defendant is a sexual assault treatment program.

Summary of Grounds for Appeal

The Defendant was unaware of the fact that the victim was a disabled person with mental disability at the time of each of the crimes in this case.

Nevertheless, the lower court that found all of the charges of this case guilty is unlawful.

In light of the fact that the defendant does not have the power to be punished for the same kind of crime, the punishment imposed by the court below (six years of imprisonment) on the defendant is too unreasonable.

As to the assertion of mistake of facts or misapprehension of legal principles in the lower court, the Defendant made the same assertion as the reasons for appeal in this part. As to this, the lower court determined that, in light of the victim’s intellectual ability (such as the level of mental retardation (45 to 56) in light of the victim’s intellectual ability (the level of the mental retardation (45 to 56), it is difficult to properly defend himself/herself due to the difference in the situation and lack of capability to predict and judge the situation. ② When the victim is in K High School, the Defendant was selected as a person eligible for circuit education for the special education on the ground of mental disorder and received special education; ③ the Defendant was aware of the victim’s family members, including the victim’s neighboring family members, and that the victim’s family members were well aware of the victim’s ability to investigate the victim’s family members, and the Defendant did not know that he/she had the victim’s ability to investigate the victim’s family members within 150 meters before the 20th anniversary of the victim’s family.