The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles cannot be deemed as a disabled person who has a mental disorder to the extent that the victim is unable to exercise his right to sexual self-determination, and the Defendant did not recognize that the disabled person was such disabled person, and the Defendant did not exercise his power against the victim. Nevertheless, the judgment of the court below which recognized the Defendant as liable for the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as "sexual Crimes"), and of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by fraudulent means, etc.) against the Defendant, which erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. A prosecutor 1) Considering the unique nature of a victim of mistake of facts as a intellectual disabled person, the fact that a defendant has sexual intercourse with a victim who has been in a pending state due to a direct intimidation in the past may be acknowledged, and according to the victim's statement, etc., the defendant's sexual intercourse is not an indecent act against the victim on July 3, 2015, July 22, 2015, and July 31, 2015. Nevertheless, the court below found the defendant guilty of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Persons with Disabilities) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Persons with Disabilities) and found the defendant not guilty of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

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

A. Article 6(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “A person with a physical or mental disability shall be punished by Article 297 of the Criminal Act.”