A. The Defendant was in a state of mental disorder at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (4 months of imprisonment and 40 hours’ order for sexual assault treatment programs) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have committed the crime of this case, but it cannot be deemed that the defendant lost or weak ability to discern things or make decisions due to the circumstance of the crime of this case, in light of the circumstance of the crime of this case, the means and method, and the circumstances before and after the crime, etc., and thus, the defendant's mental and physical disability argument is rejected.

B. On April 22, 2015, the following facts are favorable: (a) the Defendant led to confession of and reflects on the instant crime; (b) the instant crime was sentenced to a suspended sentence of one year on April 15, 2015 from the Incheon District Court’s Branch Branch Branch of the Incheon District Court sentenced one year to a suspended sentence of imprisonment on July 15, 2015 and the concurrent crime under the latter part of Article 37 of the Criminal Act; (c) in light of the circumstances and contents of the instant crime, it is difficult to consider equity with the case at the same time under Article 39(1) of the Criminal Act; (d) in light of the circumstances and contents of the instant crime; (b) the victim appears to have suffered considerable mental suffering from the instant crime; (c) the victim was punished; and (d) the Defendant had the same criminal history and three times; and (d) the Defendant was sentenced to a suspended sentence of one year on April 22, 2015 from the Incheon District Court’s Branch Branch of the Incheon District Court’s Branch of the Defendant’s age records and circumstances before and after the Defendant’s oral.