All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts did not know that there was a intellectual disability to the victim, and the victim did not have sexual intercourse with the victim by taking advantage of the victim’s failure to resist due to mental disorder. 2) The lower court’s sentence against the Defendants on unreasonable sentencing (Defendant A 5 years of imprisonment, Defendant B 4 years of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, the Defendants asserted the same purport in the lower court, and the lower court did not accept the Defendants’ assertion that, in light of the following reasons, it is reasonable to view that the Defendants had sexual intercourse with the victim by recognizing that they were unable to resist due to a mental disorder, and that they had sexual intercourse with the victim. (A) As of December 27, 2010, the victim’s intelligent index was assessed as 45 points in total intelligent and 37 points in social well-being.

B) Comprehensively taking account of the victim’s speech intelligence (45) and intelligence (45 et al., the victim’s speech intelligence (45 et al.) constitutes a mental retardation level, and as a result of a social well-being examination, the victim was judged on February 1, 201 as a person with a mental disability of class 6.75 years of age and the social index 42 years of age. C) the victim was determined as a person with a mental disability of class 2 of the intellectual disability as of February 1, 2011. The victim seems to have delayed the development of the language expressed compared to the language to be admitted due to intellectual disability, and the contents of the expression are less simple and low application ability of the horses. E) If the victim had sexual intercourse with the Defendants on the rooftop or taxi, it was ordinarily said that the victim did not act, and it was easy for the victim to have an interest in social life and experience of the other party.