The defendant's appeal is dismissed.

On the other hand, the court below found the defendant guilty of charges of the case, and rendered a judgment dismissing the prosecutor's request regarding the request for attachment order, and only the defendant appealed against this, the part requesting attachment order does not have any interest in appeal.

Therefore, Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see, e.g., Supreme Court Decision 2010Do7079, 2010Do41, Aug. 19, 2010). As such, the part of the Defendant’s request for attachment order against the Defendant is excluded from the scope of the adjudication by the Korean court.

Although there was a fact that there was a sexual relation with the victim as to the summary of the grounds for appeal, there was no assault or intimidation.

It is unfair that the sentence of the court below is sentenced to an unfair sentence (three years of imprisonment).

Judgment

According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake, the lower court may sufficiently recognize the victim’s sexual intercourse twice as stated in the facts charged, even though the Defendant attempted to engage in a sexual intercourse with the victim, not in a special relationship with him/her, and the victim expressed his/her intent to refuse to act in good faith, and forced the victim to be exempted from the clothes of the victim and suppression his/her resistance.

The defendant's ground of appeal on this part is without merit.

The crime of this case is committed in the state of mental and physical weakness of grade 2 with intellectual disability, and there is no record of criminal punishment until now, and sexual intercourse with the victim, who had been living in the protection center such as the victim's personal trust on two occasions, with the victim's sexual intercourse with the victim's personal trust. The victim is a disabled person who is vulnerable to the crime of grade 2 with intellectual disability, and the victim suffered considerable mental damage due to the crime of this case, but it has not been agreed up until now.