The defendant's appeal is dismissed.

Summary of Grounds for Appeal

As to the crime of misunderstanding of facts or misunderstanding of legal principles, the Defendant did not know that there was a intellectual disability to the victim at the time of the instant crime, so there was no criminal intent to engage in sexual intercourse with the disabled. Since sexual intercourse was made with the victim, the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (compacting with the disabled) is not established.

As to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials), the Defendant took a photograph of the victim’s sexual intercourse with the victim, but the Defendant obtained the consent of the victim at the time of photographing, and the Defendant taken a photograph for personal possession without distributing outside. As such, it cannot be deemed that the Defendant produced “child and juvenile pornography”.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

In full view of the following circumstances revealed in the records of the instant case’s determination as to the victim’s assertion that the victim was not aware of the disabled, and the pleadings at the first instance and the party hearing, the Defendant may be deemed to have reached the instant crime under the recognition that the victim was a intellectual disabled person with weak ability to discern things or make decisions at the time of the instant crime.

The argument of other defendants and defense counsel is without merit.

(1) As a result of the interview and psychological examination with the victim, the doctor P of the Domina Hospital in the Domina Hospital revealed that the victim falls under the age of 58 (Intelligent Index 58), social index 40, and social age 8.05 and the ability to determine the situation is weak, social judgment is weak, and it is anticipated that the help of others is needed for maintaining personal relations and conducting studies.

(2) After a clinical psychology test conducted for the victim, the victim is more likely to have developed the perception function than that of the age. In particular, the victim is more likely to have developed.