The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

A request for the attachment order of this case.

1. Summary of grounds for appeal;

A. Considering the victim’s attitude at the time of the instant case, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) and the victim’s overall statement and opinion in the investigative agency and court, etc., the victim is deemed to have been in a state of intellectual disability sufficient to exercise his/her right to sexual self-determination at the time of the instant case. Moreover, recognizing that the Defendant had a mental disability above, the victim may have sexual intercourse with the victim by using the state of disability.

Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case for the reasons indicated in its holding. The court below erred by misunderstanding facts and misunderstanding legal principles.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order even if the Defendant’s case requesting attachment order is found guilty and the Defendant’s risk of recidivism is recognized.

2. Judgment ex officio due to changes in indictment;

A. Prior to the judgment on the grounds of appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and changed the facts charged in violation of the existing Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape for the Disabled) as stated in the main charges of the judgment below. In addition, in addition, the criminal name was changed as stated in the judgment below. Articles 6(5), 16(2), 47(1), and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) and Articles 49(1)2, and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the facts charged were changed by this court to the effect that it was subject to the judgment by granting permission.