The part of the judgment of the court below concerning the defendant's case and the ex officio observation order shall be reversed, respectively.

Defendant shall be sentenced to six years of imprisonment.

1. The lower court rendered a judgment of conviction on the part of the case of the Defendant, and dismissed the prosecutor’s request with respect to the part regarding which the request for attachment order was filed, and ordered to observe the order ex officio.

As to this, only the Defendant and the claimant for the order to observe the protective device (hereinafter “Defendant”) have filed an appeal against the part of the Defendant case, the part of the lower judgment regarding the request for attachment order is excluded from the subject of adjudication because there is no benefit in the appeal. The part of the order to observe the protective device, which the lower court rendered ex officio, shall be deemed to have filed an appeal in accordance with Articles 21-8 and 9(8) of the Electronic Devices Installation Act.

Therefore, the scope of this court's trial is limited to the defendant's case and the protective observation order except for the part regarding the request for attachment order.

2. The lower court’s punishment (a 8 years of imprisonment, a disclosure and notification order between 5 years and 5 years, an employment restriction order between 10 years and 5 years of welfare facilities for children and juvenile-related institutions, etc., and an order to observe the protection for 5 years) is too unreasonable.

3. Determination on the part of the case of the defendant

A. The court below held that when the defendant met the victim who had contact with the defendant with a view to a usual sense, it seems that he lost his self-defense and led to the crime of this case, and that the degree of force inflicted on the victim is very serious.

In light of the fact that it is difficult to see that the Defendant had no record of being punished for sexual crimes, and that there was no record of being sentenced to a suspended sentence or a heavier punishment for the past ten years, sexual crimes against the disabled are violent crimes against the socially weak and punished much more than general sexual crimes, and the Defendant has sexual intercourse with the victim by force using the fact that it is difficult for the victim to resist the victim's sexual desire due to the lack of thyth degree of thromatic disorder and it is difficult for him to resist.