Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the victim of an indecent act or sexual intercourse with the victim on the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape of Disabled Persons) and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act committed by disabled persons) although the defendant and the person requesting the attachment order (hereinafter “the defendant”) recognize that the victim committed an indecent act or sexual intercourse with the victim on the grounds that the statement made by the victim at the investigative agency is sufficiently reliable. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. As to the punishment sentenced by the lower court (three years of imprisonment, five years of suspended sentence), the Defendant asserts that the prosecutor is too unfasible and unfair, and that the prosecutor is too unfasible.

2. Determination on the defendant's case

A. Determination 1 on the Prosecutor’s assertion of mistake in the facts charged of the crime is the victim H (the 1984 students) with the gravity of “the overall intelligence index 45 and the intellectual disability 2 level with the 7th anniversary of the 7th and 10th anniversary of the 3th anniversary of the 1984 educational maturity”.

A) On 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of Persons with Disabilities) said that the Defendant, at the JAA in the GAA operated by the Defendant, said that “I would see the victim by leaving the victim in the room of the Defendant located in the research institute,” and said, “I would see the disease and put the panty into the victim,” and inserted the Defendant’s sexual organ into the part of the victim’s sound.

As a result, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disability that he has difficulty in resisting or resisting.

B) On March 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act enforced by compulsion of disability) brought about the chest in a laboratory located in the said J farming association.

Written Doz.

"At the same time, the victim's chest is included in the part above the victim's neck."