The judgment of the court below is reversed.

The defendant shall be held.

1. The sentence of the lower court (five years of imprisonment with prison labor for crimes No. 1 in its holding, and one year of imprisonment with prison labor for crimes No. 2 in its holding) is too unreasonable.

2. The crime of this case by which the defendant committed the act of physical abuse against the victim three times through the victim's sexual organ by taking advantage of the victim's condition that the victim is unable to resist at the time of the crime, and by taking advantage of the victim's condition that the victim cannot resist at the time of the crime, the crime of this case is likely to be committed. In light of the relation between the defendant and the victim, the number of the crimes committed by the defendant, the circumstances and contents leading to the crime, etc., the crime is committed.

The Defendant, as the guardian of the victim, neglected such obligation despite the responsibility to rear and protect the victim in a sound manner, and the victim who was at the time of forming a sound sexual identity and values, was deemed to have suffered physical and mental pain difficult to recover from the crime of this case. Thus, the Defendant shall be held liable corresponding to the liability for the crime.

However, the Defendant partially denied the intent of similarity and the illegality of abuse in the lower court, and was in the first instance trial, and recognized the entire facts charged, including the above part (the part partially denied at the lower court) and reflects his mistake in depth.

The defendant has no record of punishment for the same kind of crime.

The crime of similarity seems to be one-time crime, and there is no attempt to commit the same kind of crime continuously before or after the crime.

The Defendant, while making efforts to reach an agreement with the victim, tried to prevent the occurrence of secondary damage by delivering a reference to “the fact that the victim is well living in the protection facility and is not desirable to have the victim sign an agreement with the defendant” from the person in charge of the institution protecting the victim.