The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request to attach an attachment order

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part regarding the request for attachment order is excluded from the scope of the trial of this court.

2. The summary of the grounds for appeal (five-year imprisonment) by the lower court is too unreasonable.

3. The fact that the defendant recognized all of the crimes when the judgment was made in the first instance, thereby against the wrongness, and that the defendant should support his/her mother and child is favorable to the defendant.

However, the crime of this case is very heavy in that the defendant committed sexual intercourse with a victim of a intellectual disability 1 who was in the neighborhood by force by taking the house of the defendant's intellectual disability 1 who was living in the neighborhood, and the sexual self-defense was committed against a disabled person who is unable to properly defend himself.

In particular, even in the past, the Defendant had been sentenced to punishment for rape, etc., and even though he was aware of the need for social protection and care to the victim with the same disability due to the relationship with the first degree of intellectual disability, the former part of the Defendant was a person with the same disability.

The victim suffered a huge physical and mental pain due to the above crime, and the family members of the victim (the husband of the victim has been able to help the defendant new director by introducing jobs to the defendant) seems to have suffered a serious shock.

Nevertheless, the Defendant did not receive a letter from the victim, and did not completely recover from damage.

. These circumstances.