The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) in light of the fact that the defendant has old age and health, and that the victim E and F have paid 2 million won to the victim E and F as agreed money, etc., the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

Judgment

In full view of the following facts: (a) the Defendant suffers from severe dementia accompanied by 80 old age, male power loss, cognitive disorder, etc.; (b) there is no sufficient health due to catherosis, kidy damage, and catherosis accompanied by a complication; (c) the Defendant’s symptoms at the time of committing the instant crime; (d) the Defendant was in a state of mental and physical disability due to dementia; (e) the degree of sexual abuse against victims is relatively heavy; and (e) other conditions of all the sentencing records and arguments of the instant case, including the Defendant’s character and behavior, environment, motive and circumstance of the crime; and (e) the circumstances after committing the crime, etc., the lower court’s punishment is deemed unreasonable, and thus, the above assertion is reasonable.

As the appeal by the defendant is well-grounded, 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.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 71 (1) 1-2 of the Child Welfare Act, Article 17 subparagraph 2 of the Child Welfare Act, the selection of punishment for an offense, and the selection of imprisonment with labor;

1. Articles 10 (2) and (1) and 55 (1) 3 of the Criminal Act, which are legally mitigated;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The defendant under the proviso of Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is suffering from severe dementia accompanied by the loss of earth's ability, recognition disorder, etc., and is very serious health.