The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (five-year imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant reflects his/her mistake; (b) the Defendant has no record of criminal punishment in Korea since entering the Republic of Korea on September 22, 2014; and (c) the Defendant has to support a child in her mother country.

However, the crime of this case is deemed to have been sexually committed by the victim and the victim with a mental disorder of grade 3 in the room where the defendant drinks alcohol on two occasions, and has sexual intercourse with the victim by force, which is highly severe in the nature of the crime and the criminal situation. The defendant thought that the victim with mental disorder caused the victim to be aware of the crime or unable to report it to the police, and repeatedly caused the crime of this case in the same form as the crime of this case. The defendant did not receive a letter from the damaged person and has not been able to make a serious effort to recover from the damage, etc. It is not recognized that the sentence of the court below is unfair by taking into account all the sentencing conditions, such as the defendant's age, sexual behavior, environment, family relationship, motive, means and consequence of the crime, etc., which are disadvantageous to the defendant.

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