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 is too unreasonable that the sentence of the lower court (one year and six months of imprisonment) is too unreasonable;

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the lower court, which returned to the instant case, is too unreasonable in light of the content of the specific case.

1) The lower court determined that ① the instant crime was committed by the Defendant’s indecent act by compulsion of the victim of class 2 of intellectual disability, which is highly likely to be subject to criticism, and that the victim was deemed to have received a sense of sexual humiliation and mental impulse with the victim. However, the Defendant was unable to receive a letter from the victim; ② the Defendant appears to be aware of and reflect the instant crime; ② the Defendant appears to have committed violent crimes in favor of the fact that there was no record of the crime in addition to being punished by the fine of KRW 500,00,00 for violent crimes in around 193; and the Defendant sentenced the Defendant to one year and six months, by taking into account all the sentencing conditions.

In other words, the defendant is the victim in the trial.