The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In the second degree of intellectual disability, the Defendant had weak ability to discern things or make decisions due to the above disability at the time of committing the instant crime.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the various evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the fact that the Defendant is deemed to have a physical disability Grade 2, but in light of the background leading to each of the instant crimes, the Defendant’s act before and after the instant crimes, and the circumstances after the instant crimes, the Defendant was in a state that, at the time of the instant crimes, the Defendant was unable to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. In that the Defendant had a record of having been punished for the same kind of crime in the past, and the Defendant committed the instant crime during the suspension period of execution of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by force of persons with disabilities), it is necessary to impose strict liability on the Defendant.

However, there are circumstances to consider the details and motive of the crime as well as the fact that the defendant's mistake is recognized and against himself, that the damage is relatively excessive, that the defendant does not have much weighted, that the defendant lives hard as a beneficiary of interest for the disabled with intellectual disability 2. The crime of this case also takes part in the crime of larceny of the mother who suffers from intellectual disability in the above circumstances by viewing the network for the crime of larceny. There are some circumstances to consider the background and motive leading up to the crime. The defendant agreed smoothly with the victim in the trial process of the court below, that the defendant did not have any history of criminal punishment of imprisonment without prison labor or heavier for the same crime, and that there is no other history of criminal punishment for the defendant.