The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., e., e., e., g., e., e.,

2. The crime of this case is deemed to have committed an indecent act on two occasions by taking advantage of the circumstances such as the circumstance that the defendant was unable to resist a sex offense easily due to a mental disorder and the victim’s parents fall short of the ability to cope with it, and the victim’s ability to protect the victim is also disabled, and the nature and circumstances of the crime are significant. Accordingly, the victim and the family members of the victim are deemed to have suffered a considerable mental shock, etc. disadvantageous to the defendant.

The fact that the defendant acknowledges the crime of this case and reflects his mistake, that the defendant does not want the punishment in the victim's side by agreement with the victim in the trial, that there is no record of criminal punishment, that the defendant supports an old age of 69 years that is not good for health, etc. are favorable to the defendant.

In addition, in full view of the various circumstances such as the character, conduct, environment, family relations, motive, means and consequence of the crime, the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, the punishment sentenced by the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the corresponding part of the reasoning of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 6(4) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, and Article 298 of the Criminal Act.