The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The instant crime is highly likely to be subject to criticism in that the Defendant is working as an assistant to the victim’s activities who was judged as having intellectual disability 2, and committed the act of similarity to the victim. It is highly likely that the Defendant himself/herself lacks the ability to defend and took the victim vulnerable to the crime as an object of satisfying sexual desire.

At the investigation stage, the Defendant: (a) filed an application with the father of the victim for no punishment on August 28, 2019; (b) obtained a written confirmation favorable to the Defendant from the victim; and (c) attempted to conclude that the victim may be brought to the Juvenile Reformatory if this case is at issue; (d) after having received the written agreement from the victim on January 17, 2020 from the victim, the Defendant mentioned his attorney-at-law fee or accusation in return for the victim’s fee and accusation; and (e) attempted to go against the victim.

However, on July 16, 2020, the defendant recognized the crime of this case, and expressed that the father of the victim paid five million won to his father and that the victim and his father do not want the punishment of the defendant through the victim attorney-at-law.

There is no history of criminal punishment against the defendant.

In addition, in full view of the criminal defendant's age, character and conduct, environment, family relationship, motive, means, and result of the crime in this case and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【The reasons for the judgment of multiple times】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.