The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A sexual assault therapy program against the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 and the requester for medical treatment and custody (hereinafter “Defendant”) asserted the misunderstanding of facts did not induce the victim to commit an indecent act in the course of breathing breabbbing, but did not induce the victim to commit an indecent act, and the victim did not know that the victim was a person with intellectual disability before he was investigated by the police, the lower court found the Defendant guilty of charges by misunderstanding the facts and finding the facts guilty. 2) The Defendant’s imprisonment (four years of imprisonment) declared by the lower court is too unreasonable.

3) It is unreasonable for the lower court to sentence the Defendant with a medical treatment and custody unfair per week. B. The prosecutor (the sentence imposed by the lower court on the Defendant, too unfortunate and unfair) is unfair.

2. Determination

A. The lower court determined ex officio by applying Article 5-2(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 288(1) of the Criminal Act to the facts charged that the Defendant induced the victim for the purpose of indecent act.

However, with the promulgation and enforcement of the Act on the Aggravated Punishment, etc. of Specific Crimes by Act No. 11731 on April 5, 2013, Article 5-2(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes was deleted, and Article 288(1) of the Criminal Act changed from “one year or more imprisonment for a limited term” to “one year or more to ten years.” This is a case where the punishment is minor due to the amendment of the Act after the crime. As such, the above facts charged cannot be applied, and the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be applied to the crime, and the crime of inducing indecent acts under Article 288(1) of the Act on the Aggravated Punishment, etc. of Sexual Crimes should be applied (Article 1(2) of the Criminal Act). The lower court is a concurrent crime under the former part of Article 37 of the Criminal Act.