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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Comprehensively taking account of the evidence submitted by the prosecutor by misunderstanding the facts and misunderstanding the legal principles as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape of the Disabled Persons) at the time of the instant case, the victim D (the victim 28 years old) was unable to understand the meaning of sexual access to the victim due to lack of intellectual ability, and the defendant was in a state that he did not understand the consequences or risks of sexual act
must be viewed.
According to this, although the defendant was found guilty of sexual intercourse with the victim by taking advantage of the victim's in a situation where it is difficult to resist or resist due to mental disability, the court below found the defendant not guilty of this part of the facts charged. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion
B. The sentencing of the court below (the defendant, prosecutor) is unfair (the sentencing of 2 years of suspended sentence in October, and 40 hours of sexual assault treatment lectures). On the contrary, the sentencing of the court below is unfair because it is too unfasible and unfair (the defendant). 2. The prosecutor changed the indictment at the trial, which led to the violation of the Act on the Punishment, etc. of Sexual Crimes (compact between the disabled persons, etc.). Article 6(5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was added to the name of the first offense; Article 6(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 86(1) and Article 59-7 subparag. 1 of the Welfare of the Disabled Persons Act; Article 6(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was added to the name of the second offense; Article 6(3) of the Act on Special Cases Concerning the Amendment to the Act.
Therefore, adjudication.