A. At the time of committing the crime, the Defendant was in a state of mental disorder or mental disability.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, the fact that the Defendant received medical treatment after receiving the diagnosis of alcohol liverness, depression, etc. is acknowledged. However, in light of the background, means, methods, and the Defendant’s act before and after the crime, etc. revealed by the records of this case, it cannot be deemed that the Defendant either lost the ability to discern things or make decisions at the time of committing the crime of this case, or lost the ability to do so.

The defendant's mental disorder is without merit.

B. The Defendant acknowledges the facts charged and criticizes the mistake on the assertion of unfair sentencing.

However, the crime of this case is not suitable in light of the circumstances, methods and circumstances of the crime.

The defendant has been punished for a fine for the same kind of crime on one occasion.

In full view of the various circumstances, including the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

3. According to Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018), the provision of Article 56 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) applies to a person who has committed a sex offense before the said Act enters into force and has failed to obtain a final and conclusive judgment, and Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) is also applied to a person who has committed a sex offense before the said Act enters into force.