The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 80 hours against the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant committed the instant crime in a state that he/she has a weak ability to discern things or make decisions with a warning intelligence and mental retardation, he/she has to reduce punishment, the judgment of the court of first instance is excessively erroneous.

B. The sentence imposed by the first instance court of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, even though the defendant's intelligence is somewhat low and there was a symptoms of mental retardation, the defendant was found to have committed the crime of this case under the condition that the defendant committed the crime of this case under the condition that he was unable to discern things or make decisions due to mental retardation when he became aware of the victim's introduction and provided meals together with the victim after having become aware of the victim's introduction, and only talks without other melting the victim. The victim was sexually boomed with the victim's desire to breath while the victim boomed the victim, and rape was committed. After then, when the victim filed a complaint against the defendant, and the victim sent a cell phone text message containing intimidation and abusives, it is difficult to view that the defendant committed the crime of this case under the condition that he had the ability to discern things

This part of the defendant's assertion is without merit.

B. As to the Defendant’s assertion of unfair sentencing, the Defendant’s crime of this case or the violation of the water law, and the victim suffered a great mental pain due to the crime of this case, but instead instead, the Defendant did not seek a letter to the victim, thereby bullying the victim, thereby inducing the victim to file a complaint, and thereby threatening the Defendant to cancel the complaint. It is recognized that there was an unfavorable sentencing factor, such as the defective working conditions after the crime, etc.

However, the defendant shows an attitude against his own will in recognizing the crime of this case, additionally deposited 3 million won for the victim in the trial, there has been no history of punishment so far, and hearing impairment.