The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this shall not apply.

1. Notwithstanding Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the lower court sentenced the Defendant’s conviction regarding the part of the case and the part of the case of the attachment order to dismiss the prosecutor’s request regarding the case. Since only the Defendant appealed, the part of the case of the attachment order to which the Defendant appealed is exempt from the scope of the judgment of this Court.

2. Summary of grounds for appeal;

A. The Defendant was merely engaged in a misunderstanding of facts or misapprehension of legal principles with the victim’s consent, and does not commit sexual intercourse or indecent act with the victim by exercising power against the victim.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too heavy.

3. Determination

A. 1) As to the assertion of mistake of facts or misapprehension of legal principles, the court below rejected the Defendant’s assertion on the same purport as the Defendant’s assertion of mistake of facts, based on legal principles and grounds as indicated in its holding, as to the allegation of mistake of facts, as to the facts of this case, that the Defendant committed a sexual intercourse and indecent act twice by force against the victim who was in a state of mental or physical disability due to intellectual disorder in the house of a passenger’s own house, and committed an indecent act twice by force against the victim who was in a state of mental or physical disability. In light of the evidence as indicated in its reasoning, the court below rejected the Defendant’s assertion on the same purport as the Defendant alleged above.

According to the records, as argued by the defendant, even if the victim was to contact the defendant before the above sexual intercourse, then form a close-friendly relationship by having the defendant contact with each other, and the victim first requested the defendant to transmit obscene videos to the defendant.

Even if grandchildren are taken, such circumstance alone is contrary to the Defendant’s assertion.