The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and three months.

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Since the Defendant was guilty of sexual intercourse under the agreement with the victim, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment

B. The sentence of the judgment of the court below on unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination:

A. The lower court determined that it was reasonable to view that the Defendant had sexual intercourse with the victim suffering from intellectual disability by force, taking into account the following facts recognized by evidence duly adopted and examined by the lower court, and the victim specifically stated that the victim was sexual assaulted against his will consistently. The Defendant and the victim, who used to teach, had already been hedging at the time of the instant crime, and there was no reason to respond to the sexual intercourse with the Defendant, and there was no special circumstance to deem the victim to have committed the instant crime. ① The Defendant and the victim, upon the introduction of a person who was “Frain,” came to fall down two to three months after the date of the instant crime, and then two to three months after the date of the instant crime. ② The Defendant was released from the victim’s clothes that “The Defendant exceeded the victim’s clothes even though the victim or the victim would not continue to appear,” and the Defendant was released from the victim’s clothes.