The judgment below

Part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for four years.

80 hours per the defendant.

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the court below (five years of imprisonment, 80 hours of order, disclosure, notification 5 years of disclosure, etc.) against the person subject to the request for attachment order (limited to the defendant) is too unreasonable.

The lower court’s sentence of the Defendant’s case against the prosecutor is too uneasible and unreasonable.

It is improper for the court below to dismiss the defendant's request for attachment order against the defendant even though the defendant's request for attachment order is dangerous to repeat sexual crimes.

Judgment

The scope of recommendations according to the sentencing guidelines [the range of punishment [the range of punishment] life imprisonment or imprisonment for 7 years to 25 years [the decision of a type], types 4 (Rape) [the person with a special disability], the element of mitigation [the scope of recommendation], reduction range of punishment [the range of punishment], 4 years to 7 years [the range of punishment as a result of multiple crimes (the maximum limit of crimes No. 2)]]: The crime of this case, which is decided from 4 years to 10 years, is committed over two times by the defendant with a mental disorder, and it is not good that the crime of this case is committed in light of its contents, etc.

Although the victim was in need of special protection and interest due to a disabled person who lacks the ability to protect himself/herself, it is highly likely to criticize that the defendant committed a crime by using such state of the victim.

In addition, the fact that the victim seems to have suffered considerable mental impulse and pain due to the instant case is an unfavorable sentencing factor.

However, the sentence of the court below is somewhat inappropriate in consideration of various sentencing conditions shown in the trial process, such as the fact that the defendant's mistake is against the truth of the defendant, the fact that the defendant agreed smoothly with the victim, and the age, health status, family relationship, and circumstances after the crime.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

(b).