The sentence of the court below against the defendant (one year and six months of imprisonment) is too unreasonable.

In the appellate court’s judgment on the grounds for appeal, there is no change in the conditions of sentencing compared to the original court’s judgment, and the sentencing of the original court is not beyond the reasonable scope of discretion, it is reasonable

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The instant crime committed by the Defendant was committed by committing rape, which is a human relative, due to the victim’s resistance and base, and was committed in the attempted crime, and the nature and circumstances of the crime are not good in light of the time, place, motive, background, object, means and method of the crime.

Although rape was committed, the degree of indecent act accompanying the act of assault and rape, which was the means, is likely to cause extreme fear and sense of shame, and mental suffering after the crime seems to be considerably high.

On the other hand, the Defendant did not receive any written evidence from such victim.

In full view of the aforementioned circumstances and the various sentencing conditions shown in the records and arguments of this case, even if considering the fact that the defendant was in a trial and was sentenced to a relatively minor fine, there is no history of criminal punishment, except that of being sentenced to a relatively minor fine in the past, there is a high possibility that family members who are not the defendant may suffer economic difficulties, and other conditions of sentencing favorable to the defendant such as age, character and conduct, even if considering the sentencing conditions favorable to the defendant such as age, character and environment, the sentence of the court below against the defendant is too excessive and it cannot be said that the defendant exceeded the reasonable scope of discretion.

Therefore, the Defendant’s assertion that the lower court’s sentence is unreasonable is difficult to accept.

The Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) determines ex officio on the employment restriction order under the Act on Welfare of Persons with Disabilities.