1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. Sexual assault against the defendant for 80 hours.

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Of the facts charged by the prosecutor of the case of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (e.g., deceptions against persons with disabilities), the prosecutor followed the part concerning “a defendant knife the victim’s grandchildren” and applied for permission to amend the bill of amendment to the effect that “the victim’s personal injury who cannot express his opinion properly due to intellectual disability as above is taken in a rare place, using a situation where the victim’s personal injury cannot be able to resist the victim’s hand,” and the subject of the judgment was changed by this court’s permission. This part and the remaining facts of the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed. Thus, the judgment below cannot be maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【The criminal facts and the summary of the evidence admitted by the court in charge of the crime and the summary of the evidence are as follows: “In addition, the defendant followed the victim’s losses and knife the victim’s losses” under Article 369 of the Criminal Procedure Act, except for the case where the defendant changed the victim’s human resources who cannot express his opinion properly due to intellectual disorder as above, to “the victim’s losses will be taken by using the victim’s human resources, who are in a state where the victim’s human resources who cannot express his opinion properly due to intellectual disorder, and by using the state where the victim’s losses cannot be properly resisted,” it is identical to each corresponding column of the judgment below

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point of noise between persons with disabilities by force;