The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The summary of the grounds for appeal: The evidence of the facts charged in this case by mistake is the only statement of the victim, and the statement of the victim is not reliable as follows.

Prior to the instant case, the victim did not know himself/herself that he/she was a person with intellectual disability, was not suspected of intellectual disability from the students or parents of the school, and completed a normal course of study and passed a junior college, so the victim does not fall under class 3 of the intellectual disability, and therefore, it is not reasonable for the lower court to purport that the lower court did not hold that the victim’s behavior before and after the instant case did not constitute “the conduct of the victim before and after the instant case does not constitute a ground for rejecting the credibility of the victim’s statement.”

The lower court determined that the victim’s statement was consistent and concrete, but all of the existing statements, including that the victim’s police statement did not meet or contact the Defendant before the instant case, other than the victim’s statement on the fact of damage itself, were false through the victim’s statement in the lower court.

In light of the opinion of a statement analysis expert and the victim's statement in the court below, it cannot be viewed that the victim's statements are consistent and concrete in light of the victim's opinion that the victim's statements in the police are found to be factors that undermine the validity because the victim's statements are not naturally connected and time is divided and detailed.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

Judgment

The summary of the facts charged in the instant case is that the Defendant was a four-presidential foreigner, who entered the Republic of Korea as tourism visa around November 6, 1991, and was in a state of illegal stay, and that the Defendant came to know of the victim E (the age of 18) who had a intellectual disability (the intelligence index 64 and the sociality index 57 level) with the above F’s father during the two-year period from the manufacturing factory of clothing around 2010.