The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, from the final date of this judgment.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, as to the indecent act on August 4, 2012, which the lower court found guilty, the Defendant was not aware of the victim’s intellectual disability at that time and did not exercise power. 2) As to the indecent act on August 5, 2012, which was found not guilty of the lower court among the facts charged in the instant case, as to the indecent act on August 5, 2012, sexual intercourse on August 9, 2012, and indecent act on August 15, 2012, according to the victim’s statement, etc., it is recognized that the Defendant exercised force against the victim at the time of each of the facts charged.

B. The punishment of unfair sentencing (the defendant and the prosecutor) sentenced by the court below (the imprisonment of eight months, 40 hours of sexual assault treatment program, 1 year of information disclosure and notification) is too unreasonable for the defendant, and the prosecutor is too uneasible and unfair for each of them.

2. Determination

A. 1) Determination of the mistake of facts and misapprehension of the legal principles on the Defendant’s assertion is based on the facts and circumstances found by the evidence duly adopted and examined in the lower court’s judgment on August 4, 2012, the Defendant was aware of the victim’s intellectual disability at the time of committing an indecent act on August 4, 2012 and could sufficiently recognize the fact that he committed an indecent act against the victim by force. Therefore, the lower court’s determination on this part is justifiable, and there is no illegality such as misunderstanding of facts as alleged in the grounds for appeal. 2) The lower court’s determination on the prosecutor’s assertion was duly adopted and examined by the evidence. In other words, the Defendant did not commit an indecent act on August 5, 2012 in the instant charges at the time and place indicated in the facts charged, and the indecent act part on August 9, 2012 and August 15, 2012 was committed, but the victim did not have been aware that he was a disabled person at the time of committing an indecent act.