The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

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

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disability with summons, etc.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the Defendant’s disability determination and the certificate of the disabled with respect to the Defendant’s allegation of mental disability or mental disability, the Defendant is recognized as having received the determination of the disability grade 3 with mental disability in accordance with the Act on Welfare of Persons with Disabilities on November 6, 2013.

However, on the other hand, the contents of the above written disability rating are not serious changes in personality, and the symptoms continue or repeated are required to assist sporadicly because the defendant does not have significant symptoms of climate change, desire, behavior and accident disorder, and considering various circumstances such as the background and contents of the crime of this case, the defendant's behavior and attitude before and after the crime of this case, and the statement made by the investigation agency and the court of original instance at the court of original instance, it is not recognized that the defendant has suffered from the divided disorder at the time of the crime of this case (However, the circumstance that the defendant suffered from the divided disorder at the time of the crime of this case shall be considered as the elements of sentencing). This part of the defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, the crime of this case is an unfavorable circumstance to the defendant, such as the fact that the defendant committed an indecent act by force against the victim under the age of 11, who had taken lessons at his own house, not good, and that the victim under his protection was subject to sexual satisfaction, and that the victim and his family members were likely to have suffered a large mental shock and pain due to the defendant's crime, etc.

The defendant of this case.