The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant was in a state of mental and physical disability, which lacks the capacity to distinguish from mental and physical illness due to confusion in gender identity at the time of the instant crime, the lower court committed an excessive illegal act.

B. When taking into account various circumstances on the Defendant’s grounds of unfair sentencing, the sentence of imprisonment by the lower court (four years of imprisonment) is excessively unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below, it may be deemed that there was confusion about the identity of the defendant at the time of each of the crimes in this case. However, in full view of the circumstances and methods of the crimes in this case recognized by each of the above evidence, the contents of the crimes in this case, the defendant's behavior before and after the crimes, etc., it cannot be deemed that the defendant reached each of the crimes in this case where the defendant lacks the ability to discern things or make decisions. Thus, the above argument by the defendant

B. The Defendant had no record of criminal punishment until now, and there is a favorable circumstance for the Defendant, such as the first offender who has no record of criminal punishment so far, the student status has yet to exist, the Defendant divided his/her mistake into and reflects his/her depth, and the Defendant has grown in an indefinite family environment and has reached an agreement with the victim under circumstances where economic situation is difficult.

However, each of the crimes of this case is an indecent act by compulsion and similarity against the victim for a long time only for the purpose of meeting only his sexual desire by taking the same-sex victim, who is an elementary school student known to the defendant, as the object of the crime, and it is inevitable to severely punish the victim in light of the development and situation of the crime, and it seems that the victim suffered any irrecoverable physical or mental pain due to the defendant's crime of this case, and the punishment sentenced by the court below can be sentenced to law.