강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (mental disorder and sentencing) was in the state of mental and physical disorder by deceiving the Defendant at the time of committing the instant crime, and the sentence of the lower court (the penalty amounting to five million won) is too unreasonable.
2. Determination
A. As to the assertion of mental disorder, in light of the following circumstances indicated in the record of the instant case, namely, the background of the instant crime, the means and method of the crime, and the circumstances before and after the instant crime, the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.
Unlike the lack of view, there is no other evidence to recognize the mental disorder of the defendant.
Therefore, the defendant's mental disorder cannot be accepted.
B. When comparing the sentencing conditions and the reasons for sentencing as indicated in the instant case’s record and change theory, even considering all the circumstances alleged by the Defendant on the grounds of appeal, it cannot be deemed that the lower court’s sentence is too unreasonable.
Therefore, we cannot accept the defendant's unfair argument of sentencing.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.