The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. A summary of the judgment of the lower court, the Defendant: (a) committed sexual intercourse with female victims with intellectual disability 2 (the age of 35) by taking advantage of the state of difficulty to resist during a total of six times from August 2014 to October 2018; and (b) committed indecent act by compulsion by taking advantage of the state of difficulty to resist during the same period.

[Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts by Persons with Disabilities) was prosecuted. The lower court found the Defendant guilty of all the charges and ordered the Defendant to complete a program for treating sexual assault for 6 years, 80 hours, or an employment restriction

B. The summary of the grounds for appeal (defendant 1) misunderstanding of facts or misapprehension of legal principles does not have mental disorders to the extent that the victim does not exercise his right to sexual self-determination, and even so, the Defendant did not know that the victim was a disabled person. Nevertheless, on the premise that the victim falls under “disabled person” as referred to in Article 6(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the lower court determined that the Defendant committed sexual intercourse and indecent act by taking advantage of the victim’s difficulty in resisting or resisting the victim, knowing that the victim was a disabled person. In so doing, the lower court erred by misapprehending the facts, or by misapprehending the legal principles pertaining to quasi-rape and quasi-rape by compulsion by the disabled, thereby affecting the conclusion

2. Determination

A. In the trial of the court below, the prosecutor of the amendment of the indictment applied for the amendment of the indictment with respect to the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force against the disabled) as follows, and the subject of the trial was changed by this court's permission.

[Original Facts charged] The Defendant on August 2014.