The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this shall not apply.

1. Summary of grounds for appeal;

A. The victim of mistake of facts was unable to resist due to mental disorder at the time of the instant case, and the Defendant used this to have sexual intercourse with the victim.

B. It is improper for the court below to dismiss the request for attachment order of this case even if the defendant's rejection of the request for attachment order is recognized as a risk of recidivism.

2. An ex officio determination prosecutor shall be based on the facts charged with the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape, etc. against the disabled) which the lower court rendered a not-guilty verdict of the lower court for the first time in the trial, and the name of the offense is indicated in the written indictment of this case and the written application for changes in indictment of this case under the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc. against the disabled), but it is obvious that each of them is a misunderstanding of the Act on Special Cases concerning the Punishment

[See attached Table 5] of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 297 and 30 of the Criminal Act, and Articles 297 and 30 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Articles 7(5) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse apply for the amendment of a bill of indictment added to the facts stated in the indictment and the non-prosecution book (see, e.g., Supreme Court Regulations

However, as seen below, inasmuch as this court rendered a not guilty verdict of the facts charged in the principal and found a guilty verdict of the conjunctive facts charged, the part of the defendant's case against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rape, etc. against the disabled) that only the previous facts charged is no longer maintained.

In addition, amendments to the bill of amendment.