The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, on the ground that the defendant was guilty of the facts charged, even though he could sufficiently recognize that the defendant was guilty of the indecent act by force against the victim with a mental disorder by drinking alcohol with the victim with awareness disorder and drinking panty, and driving away panty, and refusing sexual intercourse.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

The prosecutor shall keep the facts charged against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts against Persons with Disabilities, Fraudulent Means, etc.) which the court below acquitted in the first instance, and shall keep the name of the crime as the primary facts charged, "Indecent Acts against Persons with Disabilities", "Article 302 of the Criminal Act"

As stated in the part of the facts charged in the preliminary charge, the application for changes in indictment was filed, and this court permitted the application and changed the subject of the judgment.

However, as examined below, this court acquitted the defendant of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act against Persons with Disabilities, etc.), which is the primary charge against the defendant, and found the defendant not guilty of part of the charges concerning the indecent act against the person with mental disability, which is the ancillary charge, and therefore, the judgment below

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the modified facts charged despite the above reasons for reversal of authority, and this is examined below.

3. Judgment of the prosecutor on the misconception of facts as to the primary facts charged

A. On August 4, 2017, at around 02:30 on August 4, 2017, the summary of the facts charged reveals that the Defendant is off, and panty panty all panty to the victim (at least 49 years old) who was aware by the Defendant’s room located in Gyeonggi-si B.