The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

(b) the defendant;

1. The lower court rendered a judgment of conviction on the part of the case of the Defendant, and that dismissed the prosecutor’s request regarding the part of the case of the attachment order, and only the Defendant appealed.

Therefore, the scope of this court's adjudication is limited to the defendant's case.

2. The decision of the court below on the gist of the grounds of appeal is too unreasonable (five years of imprisonment and 80 hours of order to complete a sexual assault treatment program).

3. The crime of this case is committed by the Defendant’s indecent act on the part of the victim by inducing the victim to singing together with the same sick room as the victim, and committing sexual intercourse once with the victim who is difficult to resist due to mental disorder, returning to the waiting room of the hospital, and taking the victim’s sound and chest back to the waiting room of the hospital, etc., and committing the crime.

As the Defendant has intellectual disability, there is a high possibility of criticism in that he has been targeted to meet his sexual needs rather than the victim who should be socially protected.

However, in full view of all of the sentencing conditions, such as the defendant's personality and behavior, environment, motive and background of the crime, means of the crime, result, etc., the sentence of the court below is too unfair, and it is recognized that the sentence of the court below is too unreasonable, considering the following factors: the defendant's deposit of KRW 10 million in order to recover damage at the court below; the victim did not want to be punished against the defendant; the defendant has no record of criminal punishment for the same kind of crime; the defendant has no record of criminal punishment for the same kind of crime; the defendant's health has not been improved due to the depression of the Vietnam branch; and other sentencing conditions, such as character and behavior, environment

3. In conclusion, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

【Re-use.】