The defendant's appeal is dismissed.

1. Notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the Defendant and the part of the case of the attachment order, on which only the Defendant appealed, and as such, the part of the case of the attachment order did not have any interest in appeal, the lower court excluded this part from the scope of this court’s judgment.

2. The decision of the court below (one year of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable;

3. It is desirable to respect the sentencing of the first instance judgment in cases where there is no change in the conditions of sentencing compared with the first instance judgment, and the sentencing of the first instance judgment does not deviate from the reasonable scope of discretion. Although the sentence of the first instance judgment falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not differ from the first instance judgment on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court is somewhat different (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, there is no change in the sentencing conditions compared with the health unit and the first instance judgment.

B. In light of the fact that the criminal liability for the instant crime committed against the victim with intellectual disability is not somewhat weak, and that the Defendant was hospitalized for a long time due to alcohol respect, but it is difficult to readily conclude that the instant crime was attributable to the existence of alcohol, and in particular, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides for special exceptions to the application of mitigation provisions under the Criminal Act to sexual crimes in the form of mental and physical disorder caused by drinking, the lower court’s sentence is too harsh within the scope of the sentencing guidelines (one year to 30 years), within the statutory applicable range of imprisonment (one year to 9 months).