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 two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., a fine of KRW 15 million) of the lower court is too uneased and unreasonable.

2. The Defendant is a “person with severe intellectual disability with severe disability,” and the Defendant appears to have caused the instant crime in an incomplete and contingent manner with a view to meeting his/her sexual desire, and the Defendant appears to have committed the instant crime for the purpose of meeting his/her sexual desire, the degree of indecent act is difficult to be deemed severe, and the Defendant is an initial offender with no record of criminal punishment, etc. favorable to the Defendant.

However, in full view of the elements of the pleadings and the records of this case, such as the fact that the crime of this case was committed against the victim who is merely three years of age, and cannot be deemed to be less severe than the punishment for the crime, and that the victim's parent is humpinging to the strict punishment because the victim's failure to recover any death or damage, etc., the crime of this case is committed against the victim, which is merely three years of age, the court below's punishment is too unreasonable, and thus, the prosecutor's assertion is with merit.

3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to each of the relevant columns of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts and Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act

1. The original court and the first instance court under Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental disorders.