The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the Defendant, on August 1, 2016, committed an indecent act with the victim on August 1, 2016, the Defendant did not have sexual intercourse as stated in the facts charged, and there was no indecent act as well as sexual intercourse on the following day.

Nevertheless, the court below held that each of the above sexual intercourse was committed.

In light of the fact that the defendant is pronounced guilty, this judgment of the court below is erroneous due to the error of fact.

B. In the date and time indicated in the facts charged of misapprehending the legal principles, the lower court, even though the victim was not in a situation where the victim was unable to resist due to a mental disability, did not have a state of resistance.

In the judgment, there is an error of law by misapprehending the legal principles on "a situation where it is difficult to resist or resist due to a physical or mental disability" under Article 6 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

(c)

Sentencing of the lower court (five years of imprisonment, 40 hours of order) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined the facts charged in the first instance, and then changed the applicable legal provisions into “violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (violation of Disability)” and applied legal provisions to “Article 6(4), 6(2)2, and 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1)2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1)2 of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,” and applied legal provisions to the effect that the previous facts charged are modified to the effect that they are modified as stated below.

The defendant recognizes the crime of the above changed charges.

According to this, the judgment of the court below is no longer maintained.

3. Conclusion.