A. Defendant 1) Defendant 1 was in the state of mental disorder or mental disability due to an indeption disorder at the time of committing the instant crime. 2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (one-month imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination of the accused case

A. In full view of the background and method of the instant crime, the Defendant’s act before and after the instant crime, and the Defendant’s statement made by an investigative agency, etc., which are acknowledged by the evidence duly admitted and investigated by the lower court regarding the Defendant’s mental and physical disorder, it cannot be deemed that the Defendant had lost or weak ability to discern things due to symptoms, such as depression disorder, etc. at the time of the instant crime.

We do not accept this part of the defendant's assertion.

B. Circumstances favorable to the Defendant and prosecutor’s assertion of unfair sentencing – The Defendant recognized the instant crime.

- The degree of indecent conduct in the instant crime is not severe.

Unfavorable circumstances - The defendant committed an indecent act by force against a victim who is confined in the same room without being familiar with him/her in a state of being confined in prison.

Criminal quality is bad.

- The defendant has a number of criminal punishment records and has been punished for the same kind of crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the pleadings, such as the circumstances after the crime, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015), the sentence imposed by the lower court is too heavy or unreasonable.

3. The judgment of the court below regarding the case for which an attachment order is requested.