The judgment below

The part of the case of the defendant is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

(b) the defendant;

1. Summary of grounds for appeal;

A. Part 1 of the case by the Defendant and the person who requested an attachment order (hereinafter “Defendant”) to whom the Defendant alleged mental and physical weakness and the person who requested the attachment order (hereinafter “Defendant”) had no mental and physical weakness at the time of committing the crime, since the mental and physical weakness and the accident function are simple due to the occurrence of the second degree of intellectual disability and the long-term liverment, and the mental and physical weakness were weak enough to

2) The lower court’s sentence (4 years of imprisonment) against the Defendant who alleged unfair sentencing is too unreasonable.

B. The lower court’s attachment order against the Defendant is unreasonable, since the part of the case where the attachment order is applied is not likely to repeat a crime.

2. Determination

A. 1) In general, the determination of the assertion of mental or physical disorder as stipulated in Article 10 of the Criminal Act is a biological element, and it is necessary to determine that the mental or physical disorder as stipulated in Article 10 of the Criminal Act lacks or has reduced the ability to discern things from mental disorder and the ability to control the act accordingly, as a psychological element, other than mental disorder such as mental disorder or abnormal mental condition. Thus, even if a person with mental disability is a person with a normal mental disorder at the time of committing the crime, he/she cannot be deemed a mental or physical disorder if he/she had the ability to discern things or control the act (see Supreme Court Decision 2006Do7900, Feb. 8, 2007). Furthermore, the determination of whether or not a mental or physical disorder occurred and the degree of mental disorder is a legal judgment, by taking into account various circumstances such as the type and degree of the mental disorder, motive, means and mode of the crime, Defendant’s behavior before and after the crime, and degree of reflectability (see Supreme Court Decision 2007Do272, supra).

A) The Defendant, as if Q and Q were to go through the victim’s East intelligence to have sexual intercourse with Q and Q in order to conduct a sexual intercourse by using the circumstances in which Q and Q were in the third grade of elementary school, was committed three times prior to each of the instant crimes, and they were in a sexual intercourse with Q and Q.