The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal by the defendant;

A. The Defendant, without knowledge of the fact that there was a intellectual disability to the victim, led the victim to a prior adoption on July 2012, and the victim did not return to his/her own house and did not induce the victim for the purpose of indecent act or sexual intercourse.

In addition, the statements made by the victim are not reliable due to lack of consistency, and the defendant has a disability in the sexual function prior to his contribution, and the victim has actively demanded sexual relations and tried to have sexual intercourse three times, but does not have sexual intercourse with the victim by taking advantage of his/her intellectual disability that he/she has failed to resist.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case against the rules of evidence.

B. The lower court’s sentence of unreasonable sentencing (limited to four years of imprisonment, completion of 160 hours of sexual assault treatment program, and disclosure and notification of information for five years) is too unreasonable.

2. Determination

A. The circumstances indicated by the lower court in its judgment regarding the Defendant’s assertion of misunderstanding of facts. The “each of D’s statements contained in each recorded in each recorded statement CD” duly adopted and examined by the lower court as evidence is admitted as evidence on the third trial date of the lower court, which was presented by the prosecutor and the defense counsel consented to the submission of such statements as evidence, and which was admitted by the lower court as evidence by means of recycling and viewing on the fourth and fifth trial date. Thus, it may be admitted as evidence for conviction.

In addition to the following circumstances recognized by the Defendant, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable, and this part of the Defendant’s assertion is without merit.

(1) The victim is a disabled person of class 2 of the hearing disability at the time of the instant case, who is under the social age of 4 years and 9 months, and the family-friendly G of the defendant living in the same apartment complex as the victim is the victim.