The punishment sentenced by the court below against the defendant (two years of imprisonment, etc.) is too unreasonable.

Judgment

The circumstances are that the defendant recognized the crime of this case when he was in the trial, and the mistake is divided, the defendant is the first offender who has no criminal power, the defendant also seems to have reached an contingent crime of this case under the influence of alcohol, and the fact that the victim refused to commit the crime of this case, and that the sexual relation has been suspended immediately, etc. are favorable to the defendant.

On the other hand, the crime of this case seems to have sexual intercourse with the victim by taking advantage of the victim's mental disorder or state of non-performance to resist and thus, the victim seems to have suffered mental suffering, and the victim is punished for the defendant.

In full view of the above circumstances and other factors, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.