Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

A. At the time of stopping the instant crime, the Defendant was in a state of mental disability as a grade 2 with intellectual disability.

B. The sentence imposed by the lower court on the Defendant (the imprisonment for six months and forty hours, the order to complete a sexual assault treatment program and the order to disclose and notify the disclosed information for two years) is too unreasonable.

2. In full view of the Defendant’s intellectual ability, the background of the instant crime, the Defendant’s behavior before and after the instant crime, the circumstances after the instant crime, etc., which can be revealed by the records of judgment, the Defendant can be acknowledged to have been in a state where the mental retardation of class 2 intellectual disability was in a state that the ability to discern things or make decisions was lacking, and thus, the Defendant’s claim of mental disability

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the defendant's appeal is again decided as follows

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by the court are as follows, except for adding “the defendant,” the first head of the facts constituting the crime as indicated in the judgment of the court below, under which “the defendant lacks the ability to discern things or make decisions due to the mental retardation of Grade II intellectual disability,” and therefore, it is identical to each corresponding column of the judgment of the court below. Therefore, it is cited in accordance with Article 369

Application of Statutes

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

1. Article 10 (2) and (1), and Article 55 (1) 6 of the Criminal Act that is legally mitigated;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order are the same as the defendant.