The judgment of the court below is reversed.

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

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a weak state of ability to discern normal judgment and death due to extreme mental stress caused by the care of his wife at the time of the instant crime.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant seems to have suffered severe mental stress due to the nursing of his wife at the time of the crime of this case.

However, in light of the aforementioned evidence’s circumstances, means, and the Defendant’s conduct before and after the commission of the crime, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the crime in this case.

(B) Even if the defendant was in a state of mental disorder, Article 10 of the Criminal Act is excluded in accordance with Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The instant crime is an offense committed against the disabled person, who is the socially weak, and the degree of indecent act is not weak.

However, the court below's punishment is somewhat unreasonable in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstance after the crime, etc., when considering the defendant's age, personality and behavior, character and environment, motive of the crime, means and result of the crime, and other conditions of sentencing specified in the argument of this case.