The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Summary of Grounds for Appeal

(1) The punishment (fine 20 million won) imposed by the court below on the defendant is too unfilled and unfair, and ② it is improper for the court below to exempt the defendant from the order to disclose or notify personal information.

2. Determination

A. As to the assertion on unfair sentencing, the Defendant’s primary crime without any criminal power, the degree of the type of force exercised by the victim is not significant, and it cannot be seen as a planned crime, the Defendant’s handout is a disabled person of class 2 with delay (or standing function) who can support the right hand hand handout due to the Defendant’s handout, and an old person’s age is favorable to the Defendant.

However, the crime of this case is a case in which the defendant committed an indecent act by force against the third-class victim of intellectual disability who was mixed with the defendant in the room, and the crime of this case is not deemed to be inferior in consideration of the circumstances and methods of the crime

This seems to result in considerable sexual humiliation and mental suffering.

Nevertheless, the defendant denied the crime in the court below and did not make efforts to recover damage by receiving a letter from the victim, and the victim expressed his/her wish to punish the defendant with severe punishment through the victim attorney-at-law.

In full view of the following circumstances, considering the Defendant’s age, character, conduct and environment, family relationship, motive, means and consequence of the crime, various sentencing conditions as shown in the instant argument, such as the circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable, even if considering the favorable factors of the Defendant among the various sentencing factors in the lower court.

The prosecutor's assertion disputing this is reasonable.

B. The instant crime is not intended for many unspecified women, and the Defendant has no record of sexual violence before the instant case, and the order to attend a lecture and the registration of personal information of the Defendant ordered by this court is also limited to the instant case.