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 gist of the grounds for appeal is that of the lower court’s punishment (one year and six months of imprisonment) too unreasonable;

2. The crime of this case is an unfavorable circumstance to the Defendant, in recognition of the Defendant’s intellectual disability that the Defendant committed an indecent act against the victim three times in a short period of time by using the fact that the Defendant committed the instant crime, and the fact that the Defendant might not have suffered sexual humiliation and mental pain due to the instant crime.

However, the circumstances favorable to the defendant are that the defendant led to the confession of all the crimes of this case, and the mistake is divided, that the victim does not have any punishment for the defendant, and that the defendant has no record of punishment.

In addition to these circumstances, when comprehensively taking account of the Defendant’s age, character and conduct, environment, family and social relationship, motive, means and consequence of the crime, the sentence of the lower court is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's argument of unfair sentencing is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding part of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. From among concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [one of the concurrent crimes resulting from a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Acts by Persons with Disabilities)] shall be applicable.