The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 120 hours.

1. Summary of grounds for appeal;

A. The Defendant did not have committed any indecent act by assaulting the victim and coercion, and the victim’s statement was induced by a unilateral and repeated question by the investigator, and thus, its credibility cannot be acknowledged.

B. The lower court’s imprisonment of eight years (eight years of imprisonment) against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged is that the victim C (the age of 20) was diagnosed by Grade II intellectual disability around 2003, and on April 2, 2013, the intelligence index (Ist Q) was less than 30 and the social age was about 4.6 years, and the social index was about 32 persons in the middle-class mental retardation (the level of Grade I intellectual disability level), so it is not easy to communicate with them, and it is difficult to lead a self-support due to lack of daily life ability.

The defendant, who was divorced from the former wife D in 2000 due to the victim's prone, was in custody of the victim alone, but has exercised frequent violence against the victim as a person who transferred the house without any specific residence and occupation and has lived with the disabled's pension.

(1) On February 2013, 2013, the Defendant assaulted the victim by drinking to the victim on several occasions on the ground that the Defendant and the victim were temporarily residing in Suwon-gu E, Busan, where the Defendant and the victim were temporarily residing.

(B) On March 6, 2013, the Defendant committed assault against the victim by drinking the victim on the ground that the victim talked about sexual assault damage suffered by the Defendant to the counselor of the sexual assault counseling center with Busan disabled persons jointly with the Defendant.

(2) The Defendant violates the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Punishment, etc. of Sexual Crimes) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc.) (A) is a police officer on February 2013 and the above F