All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below which found the Defendant guilty of the facts charged in this case that the Defendant had sexual intercourse with the victim on October 7, 2018, which was the date on which the Defendant committed the crime indicated in the facts charged, even though there was no memory of the victim, was erroneous in misunderstanding of facts. (2) The court below’s sentence of unfair sentencing (one year and nine months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the following facts or circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake, the Defendant may fully recognize the Defendant’s sexual intercourse with the victim by taking advantage of the state of the victim who has been unable to resist due to mental disability. Therefore, there is no error of mistake

1) Although the victim is somewhat limited in recognition ability and language ability as a intellectual disabled person, the investigative agency expressed his/her experience on the day of the instant case, as to the background leading up to the contact of the defendant or the office of the defendant, the words and actions of the defendant at the time of the instant crime, and the response of the victim. 2) On the day of the instant crime, a third party reported the damage to an investigative agency, and the victim directly identified the residence of the defendant who is the place where the crime was committed. In light of these circumstances, it is very low possibility that the victim made a statement by falsely tending the fact that he/she did not have experienced.

3) According to the gene assessment report of the Seoul Scientific Investigation Agency of the Republic of Korea, the victim’s quality contents, sponsing sponseing sponse sponse sponse sponse sponse sponse sponse sponse sponse sponse sponse sponse sponse

B. The lower court consistent with the Defendant’s attitude of evading the criminal liability.