All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding of facts and misapprehension of legal principles) is a person with intellectual disability whose social age is seven years and one month, and it is difficult to recognize the intent of the instant crime. Furthermore, in light of the Defendant’s intellectual ability, the Defendant was in a state of mental and physical loss at the time of committing the instant crime.

must be viewed.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles as to responsibility.

B. The prosecutor (unfair sentencing)’s sentence (the suspended sentence of a penalty of KRW 500,00) sentenced by the lower court is too unfilled and unfair.

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake as to the Defendant’s assertion is based on the evidence duly adopted and investigated by the lower court, i.e., the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., ① the victim consistently considered the face of female students after the bus engineer, and continued to sit on the right side of the Plaintiff.

A statement was made (the trial records 124, 125 pages, 34 of the evidence records), and the defendant stated that in relation to the crime of this case, the part of the defendant's first step was cut, and that the part of the defendant was cut back by putting his hand in his own seat (the trial records 124, 130 pages, 34 pages), and that such act of the defendant constitutes an act of causing sexual humiliation or aversion to the general public and infringing on the victim's sexual freedom when objectively viewed, and it is reasonable to deem that such act of the defendant constitutes an act of causing sexual humiliation or aversion and infringing upon the victim's sexual freedom. ③ Although the defendant was aware that he was aware of the fact that he was aware that he was not aware of the disabled of intellectual disability 2 level 2, the body of the victim was safe (the trial records 133 pages, etc.) and ④ as above, the defendant put the part of the victim's body into the part of the victim's second step.