A. At the time of committing the instant crime, the Defendant was physically and mentally weak due to mental delay, etc.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, even though the defendant was found to have a somewhat lower recognition capacity at the time of committing the instant crime, it was found that the defendant lacks the ability to discern things or make decisions.

Therefore, this part of the defendant's assertion is without merit.

B. Determination of the unfair argument of sentencing is recognized that the Defendant’s mistake is divided, and that the Defendant is the primary offender.

However, the crime of this case is raped by the defendant with mental disability, and the nature of the crime is not good, the defendant's failure to agree with the victim up to the trial of the court below, and the victim is punished by imprisonment with prison labor for life or for not less than seven years. The statutory punishment of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Disabled Persons) is imprisonment with prison labor for life or for not less than seven years. The court below decided that the defendant was punished by imprisonment with prison labor for a limited period of not less than three years and six months, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence after the crime, are considered. Thus, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.