The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below against the defendant (eight years of imprisonment) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

The crime of this case is a situation unfavorable to the defendant, where the defendant, as the victim with intellectual disability, committed rape with the victim knowing that the victim was unable to resist at low resistance or was unable to report the damage easily, and the responsibility for the crime is very heavy. The victim seems to have streked a considerable fear and mental impulse due to the crime of this case, and the victim seems to have strekedd a considerable amount of fear and mental shock due to the crime of this case, and the victim seems to have suffered physical and mental pain, which is difficult to express verbally during the process of strekeing the abortion

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case as soon as possible after the lapse of the trial, and his mistake is divided in depth, and that the victim does not want punishment against the defendant under an agreement with the victim, and that the defendant has no criminal power.

In light of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., all of the sentencing conditions shown in the arguments in this case, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (referring to six to nine years of imprisonment) [the scope of recommended punishment] under the general standard of the sex offense subject to disabled persons (the age of 13 years or older), the basic area (6 to nine years of imprisonment) (6 to 9 years of special mitigation) (limited to persons under special mitigation and mitigation) (limited to persons under 6 to 9 years of imprisonment], it is deemed that the sentence imposed by the court below against

Therefore, the prosecutor's argument of unfair sentencing is without merit and there is reason.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, since the defendant's appeal is justified.