A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. At the time of stopping the instant crime, the Defendant was in a state of mental disability due to the decline in recognition function and the decline in judgment based on intellectual disability.

B. The sentence imposed by the lower court on the Defendant (the period of eight months of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the defendant was deemed to have completed registration of disabled persons as Grade 3 intellectual disability due to the decline in recognition function at the time of preventing the crime of this case, in light of the circumstances before and after the crime of this case was committed, the background leading to the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be deemed that the defendant had weak ability or decision-making ability to discern things due to intellectual disability at the time of preventing the crime of this case. Thus, the defendant'

B. Although the defendant has already been punished by a suspended sentence of imprisonment or a fine for a crime of the same kind, it is hard to view that it is more appropriate for the defendant to prevent re-offending by treating the defendant in society through probation, etc. for a considerable period of time, rather than continued confinement in correctional facilities, at the present time when the period of life of the defendant's prison life reaches a considerable degree of time. The defendant receives a letter from the victim when he/she was in the trial, it is difficult to view that the degree of the defendant's indecent act in this case is very serious, and there is a family member to support the defendant, and other motive and motive leading the defendant to commit the crime in this case.