The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant did not know that the victim was in a state of mental disability at the time of sexual intercourse with the victim, the Defendant did not have sexual intercourse by taking advantage of the victim’s state of disability.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and in full view of the following circumstances recognized by the evidence duly admitted and investigated, the lower court determined that the Defendant could sufficiently recognize the victim’s sexual intercourse by recognizing the victim’s mental disorder to have been resisted and using the victim’s mental disorder.

1) 피해자는 웩슬러 지능검사(K-WAIS)로 측정한 지능지수가 45(언어성 지수 51, 동작성 지수 45), 사회성숙도검사(Social Maturity Scale)로 측정한 사회연령이 8세 10개월, 사회성 지수(SQ)가 35.32인 정신장애 2급의 장애인으로, 실제 연령에 비하여 사회적응행동 발달이 상당히 저조한 상태이다. 2) 피해자는 쉬운 질문에 대하여는 적절한 대답을 할 수 있으나, 말투가 어눌하고 질문이 길어지면 제대로 이해하지 못하고 엉뚱한 대답을 하는 등 의사소통 능력이 불완전하다.

3) Considering the above victim’s intelligence and mental disorder degree, communication ability, investigation stage, and the attitude of statement in the court below’s trial, it appears that anyone can know about the victim’s mental disorder. 4) The victim stated consistently from the investigation stage, that the victim was faced with the name tag of the F Welfare Center indicating that the victim was a disabled person from the time when the defendant was first met in the D basin. At the time of the occurrence of the instant case, H, a son, who was in charge of the victim at the F Welfare Center, was the victim’s own property.