The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding a prosecuted case’s request for conviction and attachment order, and only the Defendant appealed against the prosecuted case.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the application for attachment order is excluded from the scope of the judgment of this court as there is no benefit to the defendant, and only the defendant's case is included in the scope of the judgment.

2. The punishment of the original court (one-year imprisonment, etc.) shall be too unreasonable;

On the date of the first trial of the trial of the trial, the Defendant clearly stated that the claim of mental disability is not a separate ground for appeal, but merely a ground for unfair sentencing.

Meanwhile, in light of the background and method of the instant crime, the circumstances after the instant crime, the Defendant’s attitude at the investigative agency and court, and the details of the statement, etc., it is insufficient to recognize that the Defendant had been hospitalized in a mental hospital around 2000. Therefore, it is unnecessary to ex officio determine whether the Defendant was mentally ill-incompetent or not.

3. The lower court determined the Defendant’s punishment by taking into account the following factors: (a) the Defendant’s sexual intercourse by force, which is a child or juvenile who is merely 13 years of age, and intellectually disabled, and the victim’s pregnancy caused by such sexual intercourse; (b) the violent behavior of the instant crime; (c) the victim’s mental and physical suffering; and (d) the poor circumstances

The defendant asserts that the agreement with the victim made during the trial of the court below is valid, and that the time is needed for the re-agreement with the victim in the trial of the court below. However, according to the victim's attorney's opinion, the victim has no intention to agree.