The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) at the time of the instant case by mistake or misapprehension of legal principles, the victim was not in a state of difficulty in resisting or resisting due to a mental disorder, and the Defendant did not recognize that the victim had a mental disorder, and even if sexual intercourse did not reach the maturity of the sexual intercourse due to the occurrence of the sexual organ, the lower court convicted the Defendant of the charge of this case on the basis of the statement of the victim, which was not recognized credibility, based on the misapprehension of facts or misapprehension of legal principles.

2) The sentence of the lower court that was sentenced to an unfair sentencing (an imprisonment of three years and six months, and an order to complete a 80-hour program) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, (1) whether the victimized person was in a situation that makes it difficult to resist or resist due to any mental disability or not), Articles 6(4) and 6(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning Sexual Crimes”) provide that “a person who has sexual intercourse with another by using a situation that makes it difficult to resist or resist due to any physical or mental disability,” shall be punished by imprisonment with prison labor for life or for not less than seven years.

"A situation where it is difficult to resist or resist due to a physical or mental disability" in the above provision means not only the case where the physical or mental disability itself is in a situation where it is impossible or difficult to resist, but also the case where the physical or mental disability or the mental disability mainly causes a physical or mental disability to make it impossible or difficult to resist. Among them, in determining whether there is a situation where it is impossible or difficult to resist because the mental disability mainly causes it, it shall be deemed that not only the mental disability of the victim, but also the relation between the victim and the perpetrator, including the status of the perpetrator, surrounding circumstances or environment, and the contents and method of the offender's act.