In this regard, only the defendant appealed for this case, since there is no benefit in appeal with respect to the request for attachment order, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order among the judgment of the court below is excluded from the scope of the trial of this court, and only the defendant case falls under the scope

2. Summary of grounds for appeal;

A. The Defendant with a mental disorder may lose his awareness of drinking alcohol by showing a unique response to alcohol with the military register and unable to memory his behavior. The Defendant was in the state of mental disorder by drinking alcohol at the time of committing the instant crime, and thus, should be mitigated or exempted from punishment.

B. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, 80 hours of order to complete a program, and 5 years of notice of disclosure of disclosed information) is too unreasonable.

3. Determination

A. As to the assertion of mental disorder as stipulated in Article 10 of the Criminal Act, the mental disorder as stipulated in Article 10 of the Criminal Act requires not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder lacks or decrease in the ability to discern things or control action accordingly. Thus, even if a person with a mental disorder was a person with a normal mental disorder at the time of committing the crime, the mental disorder cannot be deemed as a mental disorder, if

(See Supreme Court Decision 92Do1425 delivered on August 18, 1992, etc.). According to the evidence duly admitted and examined by the court below, the defendant can recognize the fact of drinking at the time of committing the instant crime.

However, the following circumstances acknowledged by the above evidence, namely, the motive and process of the defendant's entry into the victim's list in an investigative agency, the method and process of committing indecent acts against the victims, and the female after committing the crime.