The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. However, the fact that the Defendant made a confession and reflect on the instant crime, payment of KRW 3 million to the victim, thereby making efforts to recover the damage. A written agreement that does not want the Defendant’s punishment was submitted on the part of the victim, the victim also stated in an investigative agency to the effect that the victim does not want the Defendant’s punishment, the exercise of force against the victim cannot be deemed to be large, and the fact that the Defendant is the primary offender falls under the circumstances favorable to the Defendant.

However, considering the fact that the defendant's sexual intercourse or the victim who is the victim who did not properly understand the meaning of sexual relationship due to intellectual disability caused by sexual assault is not easy to obtain help from the outside even if the victim suffered sexual assault, it is necessary to severely punish the defendant, taking into account that sexual assault is very serious as a means to solve sexual desire for three times, taking into account the fact that sexual assault has been committed.

In addition, in full view of various conditions of sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, and circumstances after the offense, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court Sentencing, the sentence imposed by the lower court against the Defendant is too unreasonable as it is the lowest sentence according to the sentencing guidelines.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.