A defendant shall be punished by imprisonment with prison labor for up to six months.

A. Since the Defendant, as a person with a disability with a second degree of intellectual disability, has a serious mental disorder, the Defendant was in a state of mental and physical weakness at the time of committing the instant crime.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, the Defendant is deemed to have a disabled person of Grade 2 with intellectual disabilities who has a certain degree of intellectual ability compared to the average person in society. In light of the following: (a) the background and process of the instant crime; (b) the Defendant’s conduct before and after the instant crime; (c) various circumstances in the records; and (d) the Defendant’s speech and statement attitude at the court of the first instance, such as the Defendant’s various criminal records; and (c) the Defendant’s speech and statement attitude at the court of the trial; and (d) the Defendant

does not appear.

Therefore, this part of the defendant's argument is without merit.

B. As to the unlawful assertion of sentencing, the Defendant had a record of criminal punishment more than 30 times including 13 times of punishment for the same kind of crime, and in particular, the Defendant committed the instant crime in the same manner as the Defendant was released only one month since he was released even though he was sentenced to a punishment due to the crime, such as a crime without prison labor, etc., and in light of the record of the foregoing crime, etc., it is recognized that the possibility of recidivism by the Defendant is considerably high.

However, the Defendant recognized the instant crime and reflects his mistake, the amount of damage is not relatively significant, the amount of damage is partly reimbursed, the agreement is reached with the victim, the degree of mental and physical weakness is not sufficient, but the state of health of the disabled of class 2 with intellectual disability is not good, and other conditions of sentencing, such as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, etc.