The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment (one-year imprisonment, etc.) sentenced by the court below to the defendant is too unreasonable.

Judgment

The Defendant’s judgment on the Defendant’s assertion of unfair sentencing is favorable to the Defendant, such as: (a) recognizing each of the instant crimes; (b) understanding the Defendant’s mistake in depth; (c) committing the crime of rapeing the victim is about attempted attempted; and (d) having no record of punishment for sexual crimes.

On the other hand, each of the crimes of this case is that the defendant, who has a mental disorder, leads the victim's residence to suppress and similarity the victim's resistance, leads the same victim to the defendant's residence within a short period, and has attempted to suppress and rape the victim's resistance, and the crime is very heavy in light of the circumstances of the crime and the method of the crime. The victim seems to have suffered a big physical and mental suffering due to each of the crimes of this case. Nevertheless, the defendant did not receive a letter from the victim, etc., which is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the instant crime, etc., all of the sentencing conditions shown in the instant argument, including the circumstances after the commission of the crime, and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Commission (at least four years of imprisonment), it is not determined that the sentence imposed by the lower court is too unreasonable.

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

Article 59-3(1) of the Act on Welfare of Persons with Disabilities, which was amended by Act No. 15904 on December 11, 2018 and enforced on June 12, 2019, on an ex officio decision on an employment restriction order under the Act on Welfare of Persons with Disabilities, is subject to Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse