A. The Defendant was in a state of mental disability due to depression, drinking, etc. at the time of committing the instant indecent act by compulsion.

B. The court below's sentence of unfair sentencing (two years of imprisonment) against the defendant is too unreasonable.

2. Determination

A. In light of the background, method, and content of the instant indecent act by compulsion, the Defendant’s behavior and attitude before and after the commission of the crime, etc., which are acknowledged by the record as to the claim of mental retardation, it is not deemed that the Defendant did not have the ability to discern things or make decisions due to depression, drinking, etc.

Therefore, the defendant's above assertion is without merit.

B. There is room to regard the Defendant as having committed the instant indecent act by compulsion on the assertion of unfair sentencing as an contingent basis, and the exercise of tangible power is relatively weak, and the Defendant has recently been punished for a crime near the ten-year period, and the Defendant has no record of being punished for a crime and reflects his mistake, etc. should be considered as favorable circumstances.

However, the crime of indecent act by compulsion of this case is an indecent act committed by the victim who was 17 years old or older who was locked by the defendant, and the nature of the crime is inferior, and the victim has suffered mental impulses due to this, and the defendant inhales toxic chemicals more than 10 times in the previous years despite the fact that the defendant had been punished more than 10 times by inhaled toxic chemicals, and other factors such as the defendant's age, character, character and environment and the sentence of the court below is within the scope of the recommended sentencing guidelines set by the sentencing committee of the Supreme Court, it cannot be deemed that the sentence of the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.