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.

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (three years of imprisonment) is too unreasonable.

Judgment

The crime of this case is likely to be criticized as committing indecent acts by force after the defendant entices the victim under 12 years of age with mental and physical care at his own house, and the chest and the sound of the chests were met.

Due to the instant crime, the victim, who was aged, seems to have suffered a sense of sexual humiliation due to considerable mental impulses.

However, as the defendant is aged 83 years of age, there is no record of punishment for suspended execution or more.

Although the Defendant has reached the first instance, the Defendant led to the confession of the instant crime, and his mistake is divided.

The defendant did not pose any longer threat to the victim, and the defendant disposed of the apartment house near the house of the victim and his wife residing in a place similar to the house of the victim, and then moved into another area to prevent damage and make efforts to recover from damage. The defendant did not want to be punished by the defendant in the first instance.

In addition, considering the various conditions of sentencing as shown in the argument of the instant case, such as the character and conduct of the Defendant, the environment, the background of the crime, and the circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (two years to six years of imprisonment), etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and selective sexual crimes concerning the facts constituting the crime;