The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only against this, and thus there is no benefit of appeal as to the part of the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the attachment order case is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.

2. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles ① There was a mental disorder to the extent that the victim could not exercise his right to sexual self-determination at the time of each of the crimes in this case.

In addition, the Defendant did not know that the victim had a mental disorder. As such, the Defendant had sexual intercourse with the victim, knowing that the victim was unable to resist or resist due to a mental disorder, with the knowledge that the victim was in a state of difficulty in resisting the victim.

Although the court below found each of the crimes of this case guilty, the court below erred by misunderstanding the facts or misunderstanding the legal principles.

B. The punishment sentenced by the lower court (five years of imprisonment) is too unreasonable.

3. Judgment on the misapprehension of the legal principle or mistake of facts

A. Article 6(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “A state of difficulty in resisting or resisting due to a physical or mental disability” shall be deemed to include not only a state of difficulty in resisting or resisting due to a physical or mental disability, but also a case of physical disability or mental disability that makes it impossible or considerably difficult to resist due to his/her main cause, and also a case where he/she has a psychological or physical resistance due to his/her own physical or mental disability.”