1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3. Provided, That for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Prosecutor 1) In light of the legislative purpose of Article 6(7) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, “facilities for the protection, education, etc. of the disabled” under Article 6(7) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, it is reasonable to view that the “facilities for the protection, education, etc. of the disabled” is not limited to the welfare facilities for the disabled prescribed by the Act on Welfare of Persons with Disabilities. The main specialized department of the veterinary East Hospital where the Defendant worked as a guardian is a mental department with the mental and patient hospitalization facilities, and mentally disabled persons are also included in the subjects of treatment. Considering the characteristics of the veterinary East Hospital and the strong protection of the disabled, the promotion of the right to sexual self-determination of the disabled, and the legislative purpose of Article 6(7) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Persons with Disabilities, which aim to protect the disabled, and thus did not constitute “facilities for the protection of the disabled, etc. of the disabled,” or “facilities for the disabled,” for mental disability.