Judgment

There is no criminal record against the defendant, and the defendant was a juvenile under the Juvenile Act at the time of committing the crime of this case and was somewhat lacking in the ability to make a private judgment with the disabled of the first degree in brain disease, and the defendant recognized the crime of this case and reflected against the defendant, etc. are favorable to the defendant.

On the other hand, the crime of this case is committed by the Defendant’s indecent act by force against a victim of 17 years of age who is the disabled of the third degree of intellectual disability, and the responsibility for such crime is heavy, and the victim seems to have been suffering from severe mental impulse and sexual humiliation, and the fact that the Defendant did not receive a letter from the victim is disadvantageous to the Defendant.

In light of the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentence according to the guidelines for sentencing established by the Supreme Court (two to five years) (the scope of the recommended sentence) pursuant to the general guidelines for the enactment of the sentencing committee of the Supreme Court (the scope of two years and six years and five years) / [the scope of the recommended sentence] of the disabled persons (the person who has sexual intercourse with six months and five years) in the basic area (two years and six years and five years) (the person who has special sentencing) of the sex offense subject to the disabled persons (the person who has committed the defendant) / [the person who has committed a sexual intercourse with six months and five years], it is not determined that the sentence imposed by

Therefore, the defendant's assertion is without merit.

Therefore, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendant is without merit. It is so decided as per Disposition by the lower court (see Article 16(2) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Etc., “Article 16(2) and (3) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse,” in the part of “the application of the law” of the lower judgment, “Article 21(2) of the Act on Special Cases Concerning the Punishment, etc.