1. The part of the judgment below on the defendant is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four years;

3. The defendant;

1. Summary of grounds for appeal;

A. The sentence (six years of imprisonment) imposed by the lower court on the Defendant and the claimant for the observation order of the protection (hereinafter “Defendant”) is too unreasonable.

B. Although the lower court did not pose a risk of recommitting a sexual crime against the Defendant in the part of the claim for an order to observe the protection order, the lower court was unlawful.

2. Determination

A. As to the part of the defendant's case, the defendant committed rape against a juvenile, who is a juvenile with intellectual ability falling short of his/her own intellectual ability, committed sexual harassment and other sexual abuse at the same time, and committed sexual harassment and other sexual harassment. In light of the law and content of the crime, there is a high possibility of criticism in that the defendant committed such crimes against the juvenile, who is a juvenile, to whom he/she should guide, supervise and protect, and supervise the crime.

The victim appears to have caused a considerable shock and shame by committing the above crimes by the Defendant, and it is clear that the victim’s family member who believed the Defendant and received education on the victim has also suffered severe mind.

In addition, even though the defendant had the record of criminal punishment due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (the injury or injury caused by rape, etc.), he also committed the crime of this case.

On the other hand, the defendant recognizes all crimes, and repents in depth, and has no record of having been sentenced to punishment.

The defendant paid the amount agreed upon to the victim for the first time, and the victim received the letter, and the victim was able to take the action against the defendant.

In addition to these circumstances, the sentencing conditions specified in the records of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, etc.