성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준유사성행위)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to mental disorder, adaptation disorder, and personality disorder on the boundary line.
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. According to the records on the assertion of mental weakness, the defendant is found to have been diagnosed by a mental disorder, adaptation disorder, and boundary disorder (proof) in his previous case, but according to the notice of the result of the mental appraisal of the medical care center for the defendant in his trial, "the defendant is presumed to have "a cadastral function at a level of boundary" and this is not a mental state. In addition, the present mental state of the defendant is somewhat less than a normal category than a normal one, and the mental state of the defendant is somewhat less than a normal category than a normal one, and this includes the mental evaluation result of "a recognition function at a level of boundary". In full view of all the circumstances revealed in the arguments of this case, such as the process of the crime of this case and the defendant's speech and behavior before and after the crime of this case, the defendant is deemed to have weak ability to discern things due to the above mental health problems at the time of the crime of this case.
It is difficult to see it.
Therefore, this part of the defendant's argument is without merit.
B. It is recognized that the defendant recognized the crime of this case as the crime of this case, divided his mistake, and reflected against the defendant, and that the defendant has no record of the same crime.
However, the instant crime committed an indecent act by force, which committed a similar rape with a victim under the age of 13 during the period of a repeated crime, even though the Defendant was responsible for raising and protecting the victim who is a married couple, was committed by committing the instant crime. In light of the details and contents of the instant crime, relationship with the victim, etc., the nature of the instant crime was very poor, and the instant crime was committed.