The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

. Information on the Defendant.

1. Summary of grounds for appeal;

A. A. The Defendant and the respondent for attachment order (hereinafter “Defendant”) at the time of the instant crime were in a state of mental disability due to the her sexual intercourse.

B. The lower court’s imprisonment (two years of imprisonment) on the ground of unfair sentencing is too unreasonable.

2. Determination

A. According to the records on the determination of the claim of mental suffering, although the defendant appears to have suffered from sexual intercourse at the time of the crime of this case, considering the background and method of the crime of this case, the defendant's behavior before and after the crime of this case, and the legal attitude, it does not seem that the defendant had the weak ability to discern things or make decisions due to sexual intercourse at the time of the crime of this case.

Therefore, the defendant's argument of mental disability is not accepted.

B. Although the Defendant’s judgment on the assertion of unfair sentencing is still under the period of suspension of execution due to the same kind of crime, is subject to probation, and is subject to the attachment of an electronic tracking device, the Defendant committed the instant crime to meet his sexual desire, and the Defendant’s personality and behavior has not been improved even in his repeated prior wife and social edification efforts, the Defendant appears to have committed the instant crime contingently due to his sexual intercourse, etc., and the Defendant appears to have committed the instant crime due to his sexual intercourse, etc., the suspended sentence for 10 months was revoked due to the instant case, and the instant judgment becomes final and conclusive, and the Defendant’s age, character and behavior, environment, circumstances of the instant crime, etc. are also revoked. In full view of the circumstances such as the Defendant’s age, character and behavior, and environment, the instant suspended sentence for 8 months due to the instant case

C. As long as the defendant has filed an appeal against a prosecuted case, Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders shall apply.