The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

except that this judgment.

1. The instant crime of determining the illegality of sentencing by the Defendant and the claimant for the observation order regarding the part of the instant case was committed by the Defendant and the respondent for the surveillance order (hereinafter only referred to as the “Defendant”) by intrusion into an elementary school and committing an indecent act by two elementary school students aged seven years old, in light of the object, location, contents, etc. of the crime. The crime of this case was committed by the victims and their families due to the instant crime, but the Defendant did not receive a letter from the victims and their guardians, etc., which is disadvantageous to the Defendant.

However, in full view of the sentencing conditions indicated in the records and arguments of this case, including the fact that the Defendant recognized all of the crimes of this case, the form of the Defendant’s use and the degree of indecent act is relatively minor, the fact that there are no other criminal records except two times of fines, the result of the judgment before the judgment of the Defendant is that “the treatment within society is appropriate”, the Defendant’s friendly living together with the Defendant who lacks recognition ability, and the other reasons that the Defendant’s friendly living together with the Defendant appears to be publicly announced, such as the fact that the Defendant’s friendly person wanted to take the Defendant’s preference against the Defendant, etc., the punishment imposed by the lower court is excessively unreasonable.

2. As long as the defendant filed an appeal against the judgment on the part of the claim for protection observation order, it is deemed that the defendant also filed an appeal against the claim for protection observation order under Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc.

The lower court sentenced the Defendant to two years and six months of imprisonment with prison labor, and ordered the Defendant to observe the protection for two years after the completion of the execution of the sentence, and the Act on the Protection Monitoring of Specific Criminal Offenders and the Electronic Monitoring, Etc.