The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. At the time of preventing the instant crime, the Defendant was physically and mentally weak at the second degree of intellectual disability.

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the records on the assertion of mental and physical weakness, the fact that the Defendant was physically disabled at the time of committing the instant crime is acknowledged. However, in light of the following circumstances before and after the commission of the instant crime, the background leading to the instant crime, and the Defendant’s behavior at the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to intellectual disability at the time of preventing the instant crime.

Therefore, the defendant's mental and physical weakness are without merit.

B. Each of the crimes of this case with the aim of receiving an agreement amounting to a false report as if the defendant had forged evidence and committed sexual assault, and the liability for the crime was grave. However, the defendant is against the defendant. Meanwhile, considering the fact that each of the crimes of this case and the special larceny as stated in the judgment of the court below which became final and conclusive, it is necessary to consider equity in the case where each of the crimes of this case is judged simultaneously with the crime of this case, the defendant cannot be deemed to have committed each of the crimes of this case under the lead of the defendant in light of the extent of the defendant's intellectual obstacle, and other various circumstances, including the motive and circumstance leading to each of the crimes of this case, the means and method of the crime, the situation before and after the crime, the defendant's age, sexual conduct, environment, occupation, family relation, etc., the punishment of the defendant is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the defendant's appeal is with merit.