The defendant's appeal is dismissed.

Notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the court below sentenced a judgment of conviction on the part of the defendant's case and dismissal of the prosecutor's request on the part of the attachment order case, which only the defendant appealed, and therefore, this part is excluded from the scope of the judgment of this court, notwithstanding the provisions of Article 9 (8) of the

2. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of the court below (three years and six months of imprisonment) is too unreasonable.

3. It is recognized that there are favorable circumstances such as the fact that the judgment defendant reflects the mistake in depth, that the defendant agreed with the victim, that the defendant has no record of punishment for the same kind of crime before the crime of this case, and that there are family members to support.

However, each of the crimes of this case is a serious rape of a victim with mental disability, and its nature is not good. The statutory penalty of this case is imprisonment with prison labor for life or for not less than seven years, and the court below sentenced the lowest imprisonment for not less than three years and six months within the scope of the applicable sentence after choosing a limited term of imprisonment, and in full view of all the circumstances, including the fact that it is impossible to suspend the execution of imprisonment for more than three years (the main sentence of Article 62(1) of the Criminal Act) and the conditions of sentencing as shown in the records and arguments, the court below’s sentence against the defendant cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.