The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. On July 16, 2017, the lower court rendered a judgment of innocence regarding the violation of the Act on the Welfare of Persons with Disabilities among the facts charged in the instant case, and rendered a judgment of conviction on each of the remaining facts charged, and only the Defendant appealed on the conviction part among the lower judgment on the grounds that the sentencing was unfair as follows. As such, the part of the lower judgment’s judgment that acquitted was separated and finalized

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.

3. In light of the following factors: (a) the court below's detailed statement on the grounds of sentencing, given that the crime of this case was committed and the specific form of the act, and the relationship between the defendant and the victim, it is inevitable to sentence the defendant as to the defendant.

However, in light of the Defendant’s age, occupation, sex, family relationship, environment, circumstances after the crime, etc., as well as the fact that the Defendant committed each of the crimes of this case, which was denied by the lower court at the time of the trial, was committed, and there was no record of being punished exceeding the fine. In addition, considering the Defendant’s age, occupation, sex, family relationship, circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

4. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

【Judgment of the court below regarding guilty】 The facts constituting a crime and the summary of evidence recognized by the court below and the summary of evidence are different from the judgment below, with the exception of changing “1. Part of the defendant’s court testimony” as “1. Defendant’s court testimony” as “1. Defendant’s court testimony.”