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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
(b) the defendant;
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the respondent for an attachment order (1) committed a sexual intercourse with the victim by entering the victim’s house with the consent of the victim, such as misconception of facts, and the Defendant did not have sexual intercourse with the victim by taking advantage of the victim’s mental disability or difficulty in resisting the victim. At the time, the Defendant was unaware of the fact that the victim was a person with mental disability. 2) At the time of committing the instant crime of mental disorder, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.
3) The lower court’s sentence of unreasonable sentencing (one-year imprisonment is too unlimited and unreasonable).
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake, etc., Article 6(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “A person who has sexual intercourse with another person or commits an indecent act by taking advantage of the person’s physical or mental disability having difficulty in resisting or resisting the latter shall be punished in accordance with the provisions of paragraphs (1) through (3).” Article 6(4) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) shall be punished in accordance with the provisions of paragraphs (1) through (3) of the same Act.
Article 299 of the Criminal Code provides that "A person who has sexual intercourse or commits an indecent act by taking advantage of the person's mental disorder or state of failing to resist shall be punished in accordance with Articles 297, 297-2 and 298.
"" is defined as ".
Article 299 of the Criminal Code provides that the psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than the defect.