The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

One seized steel bar (each item) ( Daejeon District Prosecutors' Office.).

1. Summary of grounds for appeal;

A. 1) The Defendant did not commit an indecent act by mistake of facts or misapprehension of the legal doctrine, as stated in this part of the facts charged, against the part concerning the indecent act committed by force as stated in the judgment of the court below (the Defendant did not commit an indecent act with the victim at the time and place above). Nevertheless, the court below convicted the Defendant of the facts charged, which was erroneous in the judgment of the court below, and affected the conclusion

2) The part of the crime of violation of the Child Reinstatement Act (Habitual child abuse) and the crime of violation of the Child Welfare Act (Habitual child abandonment and neglect) in the decision of the court below was committed against the victim due to his intellectual disorder and did not send the victim to the school because he did not want to leave the school, and did not intentionally send the victim to the school as stated in the facts charged.

In addition, while the defendant lives together with the victim, the defendant provided meals and living environment to the victim within the extent of contact with his/her ability, and the defendant does not intentionally neglect the victim or prevent nutrition as stated in the facts charged.

In addition, even though it is somewhat serious in terms of guiding the victim with a wall, there is no assault against the victim due to the same reasons as the above facts charged.

Nevertheless, the court below found the defendant guilty of this part of the charges by taking the statements of the victim with no credibility. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness due to mental disorder (Grade II).

(c)

The sentence (12 years of imprisonment, etc.) that the court below sentenced to the defendant is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the part concerning indecent act committed by force as stated in the lower judgment.