A. At the time of committing the crime of rape, injury, and property damage in this case, the Defendant was in a state of mental and physical disability due to shock disorder, depression, etc.

B. The sentence imposed by the lower court on the Defendant (six years of imprisonment) is too unreasonable.

2. Determination

A. According to the fact-finding reply letter by the director of the Daejeon Juvenile Reformatory and the written mental appraisal statement against the defendant of the director of the Daejeon Juvenile Reformatory by the request for mental appraisal of this Court, it is recognized that the defendant received mental treatment and treatment due to shock disorder, deviation from September 27, 2011, and delinquency from September 27, 201 to December 30, 201, and the fact that the defendant had an attack impulse disorder, etc. due to anti-social personality disorder.

However, according to the evidence duly adopted and examined by the court below, ① the Defendant committed the crime of rape injury in this case under a very secret method, such as assault, intimidation, etc., following up to 10 minutes or more of human beings, and committing rape injury by force, etc.: ② The Defendant stated in an investigative agency the circumstances and circumstances at the time of the occurrence of the crime of rape, bodily injury, and damage to property in this case in a concrete and detailed manner; and in light of the above, it cannot be said that the Defendant was in a state of lacking ability to distinguish things or make decisions because, at the time of committing the crime of rape, bodily injury and damage to property in this case, the degree of such act is serious enough to be evaluated as equal to the person with mental disorder in its original meaning.

(See Supreme Court Decision 2006Do7900 Decided February 8, 2007). Therefore, the Defendant’s above assertion is without merit.

B. As to the Defendant’s assertion of unfair sentencing.