A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for 40 hours.

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental illness.

B. The sentence of two-year imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below as to the assertion of mental and physical disorder, the defendant is deemed to have been hospitalized in the hospital and received treatment due to “the personality and behavior disorder caused by brain damage” before the crime of this case. However, considering such circumstances, considering the circumstances, it cannot be deemed that the defendant, as a result, did not change the circumstance of the crime of this case, or lost the ability to distinguish things or make decisions at the time of each crime of this case, and thus, the defendant’s mental and physical disorder assertion is without merit.

B. We examine the judgment on the unfair argument of sentencing, and even though the defendant was found to have committed the crime of this case during the period of repeated crime, the defendant was found to have committed the crime of this case during the period of repeated crime, while the defendant was found to have denied some of the crimes in the court below, and against the defendant's wrong judgment, the amount of damage caused by the theft of this case and the fraud of this case was less than KRW 1,139,820, and the amount of damage caused by the theft of this case was less than KRW 1,139,820, and all other circumstances shown in the records and arguments, such as the defendant's age, sexual behavior, environment, etc.,

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of facts and evidence recognized by this court shall be "2015 high ranking 2609" among the summary of evidence.