The judgment of the court below is reversed.

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

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. Legal principles do not state that there was no assault or intimidation by the defendant in the course of executing the victims, and the charges themselves do not state the part of assault and intimidation against the victims.

Although the defendant should be punished by committing a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13), the court below erred by applying the defendant a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes to the defendant.

B. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to mental retardation, fissional disorder, etc.

(c)

The punishment sentenced by the court below against the defendant (4 years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the person who commits the indecent act is deemed to be an indecent act. In this case, the assault is not necessarily required to suppress the other party’s will.

An indecent act refers to an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to such act, specific manner of act, and the surrounding objective situation and the sexual moral sense of the age (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). The relationship between the Defendant and the victims recognized by evidence duly adopted and investigated by the court below, and the victim’s age (three years and six years of age) and intention, and the above act.