The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

The Defendant appealed on the ground that the lower court’s punishment (an amount of KRW 700,00) was too excessive and unfair.

Considering the following circumstances: (a) the fact that the Defendant was erroneous in the trial; (b) the degree of the power of the Defendant was not strong; (c) the victim does not want the punishment of the Defendant who has a intellectual disorder; (d) the Defendant’s basic living recipient has difficulty in economic circumstances; and (e) the Defendant’s age, sexual conduct, environment, details and result of the crime; and (e) other various circumstances that are conditions for sentencing, such as the circumstances after the crime, the lower court’s punishment

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

Criminal facts

The main points of the judgment below are the same as the corresponding parts of the evidence.

Application of Statutes

1. Article 314 of the Criminal Act applicable to the crime, Article 314 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act ( normal consideration as seen earlier);