The defendant's appeal is dismissed.

1. Notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the Defendant and the part of the case of the attachment order, on which only the Defendant appealed, and as such, the part of the case of the attachment order did not have any interest in appeal, the lower court excluded this part from the scope of this court’s judgment.

2. Summary of reasons for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine) The Defendant had sexual intercourse by agreement with the victim.

2) The victim does not constitute “a person in a situation where it is impossible or difficult to resist due to any mental disability” under Article 6(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”).

3) The Defendant was aware of the fact that the victim was a disabled person at the time of sexual intercourse, but was unable to exercise his/her right to sexual self-determination by the victim.

B. The sentence of the lower court (six years of imprisonment) against the wrongful defendant in sentencing is too unreasonable.

3. Determination

A. On July 28, 2016, on the assertion of misunderstanding of facts and misapprehension of legal principles, the victim respondeded to the claim of sexual intercourse under an agreement at the Gangseo-gu Center as follows:

171 dyp: Sypher, for the doedle, Typland between Sypherson Day.

171 Response: Smoking tobacco. 172 Note: ASEAN, tobacco smoking, and required to be able to do so.

172 답: 그냥 바람 쐬고 있었어요.

174 door: Hayson next Twelves

174 Giving answers: Any A, A, A, A, A, Satho C, with her department, dynasium, and dynasium

It shall be asked to see.

The dry field has been seen as dry field.

A. A. A.I. C. A.I. C. I.D. Before the misunderstanding, the tobacco was reduced.

It shall be asked whether or not tobacco is satis and needs to be reviewed.

tobacco.

It was called a fluent State that she had been fluent.

C. c.