The prosecutor's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is unfair because it is too unfasible, and it is also improper that the court below exempted the defendant from the order to disclose or notify personal information.

2. Determination

A. The Defendant had committed a similar rape, which had been aware of the first day of the instant case on the day when the victim was under the influence of alcohol and was able to escape from the victim by committing an indecent act by taking his or her chest on the part of the victim, even though he or she received the victim’s restraint by committing an indecent act, and again took the victim’s fingers into custody for about six hours after committing the crime. In light of the process and method of the crime, and the repeated crime, it is not good that the Defendant committed a crime.

The defendant's crime appears to have suffered a considerable sexual humiliation and mental suffering, and the defendant has not received a letter from the injured person until now.

There is a history of criminal punishment several times, including the suspension of the execution of imprisonment for a crime different from the crime of this case, such as fraud and theft.

These points are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to reflect by recognizing all crimes.

The defendant did not exercise the force of assault, intimidation, etc. against the victim during the course of crime.

The Defendant appears to have committed the instant crime in a somewhat contingent manner in the situation where he/she was able to sleep at the home of the victim who is a friendly Gu.

It seems that there is a decrease in abstract and integrated accidents as a person with a intellectual disability of class 3 who has suffered a mental retardation and excessive behavioral disorder from the third year of middle school. It seems that there is a decrease in abstract and integrated accidents.

There is no record of criminal punishment for the same crime, and there is no record of criminal punishment sentenced to imprisonment.

These points are favorable to the defendant.

. Other defendant.