The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape of Persons with Disabilities), the Defendant cannot be deemed to have sexual intercourse with the victim by assault or intimidation, and should be deemed to have sexual intercourse with another by force.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court determined that the lower court determined that: (a) the Defendant was an adult who was engaged in daily work related to removal of 50 years of age at the time; (b) the victim was a female of Grade II with intellectual disability who was 19 years of age at the time; (b) the victim was a disabled person of Grade II with intellectual disability, who did not respond to the crime of indecent act as described in paragraph (2) without any particular response; (c) the Defendant appears to have been aware of the mental disability of the victim at the time; (d) the Defendant was unable to express his/her intent of the victim at the time and expressed his/her intention of the victim; and (e) the Defendant was unable to deviate from the victim’s free will by taking into account the following circumstances: (a) the victim was a disabled person of Grade II with intellectual disability at the time; and (b) the victim did not appear to have reached the victim’s awareness of the victim’s physical disability at the time of the commission of rape; and (b) the victim’s physical disability at the time of the victim’s abuse of the victim’s body.