The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

1. The court below's scope of this court's judgment is not guilty on the part of the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the defendant, which "the defendant committed indecent act by force against the victim with mental disability by inserting his fingers, and injured the victim," and found the defendant guilty of the remaining part, and sentenced the defendant to two years of imprisonment. The defendant only filed an appeal against the guilty part, and the prosecutor did not file an appeal against the guilty part. Thus, the part of the judgment of the court below's judgment is deemed to have been exempted from the object of public defense between the parties, along with the guilty part of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Punishment, etc. of Sexual Crimes against the defendant (see, e.g., Supreme Court Decision 90Do2820, Mar. 12, 191). This part of the judgment below is not to be judged again in accordance with the conclusion of innocence.

2. Summary of the grounds for appeal;

A. Although the Defendant committed the instant crime at the time and place of the victim’s clothes, the Defendant did not commit an indecent act against the victim by putting his finger in the victim’s clothes, putting him into the victim’s body and drinking his breast, cutting out his panty, cutting out panty, cutting out the victim’s chest, and drinking out the victim’s chest, etc.

B. In the misapprehension of the legal principle, there is a special circumstance where a defendant may not disclose personal information to the public as an exception to disclosure and notification orders under Articles 37(1) and 41(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

C. The lower court’s sentencing (two years of imprisonment, 40 hours of order, disclosure, and notification each two years of order) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the assertion of mistake of facts.