The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

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

1. Summary of grounds for appeal;

A. In relation to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of Violence), the defendant is a victim's fluoring fly, and entered the victim's room for the purpose of repairing the position of the former, etc. in the victim's room. After that, the victim fluoring the defendant, fluoring the defendant, and the defendant also fluoring the victim's chest in the process of aiding the victim. Thus, the defendant does not intrude a residence to force indecent acts by compulsion, but does not intentionally interfere with the victim's chest.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the legal doctrine.

B. In light of the legal principle, the Defendant committed a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act) in a state of mental or physical disability, but the lower court did not reduce the degree of mental or physical disability.

C. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

It is unfair that the court below issued an employment restriction order to the defendant for three years against the child and juvenile-related institutions.

2. Determination

A. As to the assertion of mistake of facts, the Defendant made the same assertion in the lower court, and the lower court, based on the evidence duly admitted and investigated, stated in the following circumstances: (i) the victim stated in the investigative agency that “the Defendant was sent to her chest by her own room; and (ii) the Defendant requested the extension of the lease period in the investigative agency so that she could reside more in the room where she was living in the investigative agency; and (iii) entered the victim’s room and entered the victim’s room; and (iv) the victim went to the victim’s room.