The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for five years from the date this judgment became final.

Summary of Grounds for Appeal

The punishment of the court below (six years of imprisonment) is too unreasonable.

Judgment

Crimes No. 1 within the scope of the sentencing guidelines for the sentencing guidelines: Crimes [Determination of a type] under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Aggravated Punishment against Persons with Disabilities), general standards, sex crimes against persons with disabilities (a person with a disability who is older than 13 years of age), types 4 [Specially Rape] mitigated elements: Reduction area [a person who has been sentenced to mitigation area], crimes of violation of the Punishment of Violence, etc. Act (a person with a weapon, etc.) for four years or seven years: Violation of the Punishment of Violence Act (a person with a weapon, etc.) [a person who has been sentenced to punishment] violence, habitual injury, bodily injury, special injury, first category [a person with a special aggravated punishment] - A victim who is vulnerable to the crime - mitigated elements of punishment [a person with a minor injury]: Imprisonment with prison labor for six months or more from six years to six years; imprisonment with prison labor for each of the crimes of violence, etc. [a person with a limited maximum number of years of imprisonment with prison labor for a minor punishment [a person with prison labor for four years];

However, it seems that there is no risk of recidivism by the defendant, because the victim's injury is not severe, the defendant has no record of being punished for the same kind of crime, there is no sentence of fine or heavier punishment, the defendant is not punished by the defendant, especially when the defendant was in the trial, and the defendant did not want the punishment of the defendant.