The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

For the defendant 40 hours.

Summary of Grounds for Appeal

Although it is sufficient to find the guilty of the charge that the non-guilty part of the judgment below is sexual intercourse with a victim with mental disorder by force, the judgment of the court below which acquitted the defendant as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compacting with the disabled) among the charges in this case

The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too uncomfortable and unfair.

Judgment

Around November 9, 2013, the summary of this part of the facts charged by the prosecutor's argument of mistake of facts was placed on the victim who expressed his/her refusal to refuse to do so in the mutual incompetence in the street located in Gangdong-gu Seoul Metropolitan Government, and sexual intercourse with the victim in a single sexual relationship against the victim's will.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

On December 8, 2013, the Defendant had sexual intercourse with the victim who had mental disorder by force through sexual intercourse with the victim one time under the above method at the above telecom.

In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court found the Defendant not guilty of this part of the facts charged on the ground that the evidence alone, which was submitted by the prosecutor, is insufficient to deem that the Defendant exercised force to the extent sufficient to suppress the victim’s sexual free will at each time and time as indicated in the facts charged, was insufficient to deem that there is no reasonable doubt, and there is no other evidence to acknowledge this otherwise.

① The Defendant consistently stated in an investigative agency to the court that the victim was sexual intercourse by mutual consent with the victim and does not have sexual intercourse by force.

(2) The victim shall specifically state his/her power exercised by the defendant.