The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by force by the victim, who is a physically disabled person living in the same apartment building as that of the same apartment building, and committed an indecent act by force by using the victim's chest and felb, and in light of the circumstances, contents, results, etc. of the crime, and the crime of this case is serious, and the victim seems to have suffered serious mental shock, etc., is considered to be disadvantageous to the defendant.

On the other hand, the fact that the defendant has committed the crime of this case in time of the crime of this case and has committed a mistake in depth, the defendant seems to have committed the crime of this case somewhat contingently under the influence of alcohol, the victim and the victim do not want the punishment of the defendant, the defendant is a person who has rendered distinguished services to the State in Vietnam before Vietnam, his current health status is not good due to the age of 75 years old, and the defendant has no criminal record exceeding a fine and has no criminal records for sex crime, etc. are favorable to the defendant.

In addition to the above circumstances and the character, conduct and environment of the defendant, relationship with the victim, motive, means and consequence of the crime of this case, all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines established by the Supreme Court Sentencing Committee ( Imprisonment of one year to six months)

1. Scope of punishment by law: One year to thirty years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

C. The mitigation element of a sex offense against persons with disabilities (the age of 13 or older) [the category 2] pro ratas/Indecent Acts by force (the person with a special appearance): The mitigated scope of punishment [the recommended area and the scope of the recommended punishment], the mitigated scope of imprisonment from September to June 1, 19 [the indecent act against deceptive schemes and force shall be mitigated to 1/2, however, the upper and lower limit of the scope of punishment shall be mitigated to 1/2, deceptive schemes and force similar intercourses shall be mitigated to 3 types, and deceptive schemes and force-components shall be sentenced to 4 types.