A. At the time of committing the instant crime, the Defendant had a weak mental and physical disorder.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and methods of the crime, and the circumstances before and after the instant crime, etc., the Defendant had the ability to discern things or make decisions at the time of the instant crime.

Unlike the lack of view, there is no material to recognize the defendant's mental and physical weakness.

The defendant's mental and physical weak argument is rejected.

B. The Defendant deposited KRW 1 million for the instant police officer in an appellate trial to determine whether the sentencing was unfair.

However, in light of the contents and results of the instant crime, the circumstances leading to the deposit in the appellate court, the Defendant’s age, sexual conduct, environment, etc., and the reasons for sentencing of the lower judgment, even if considering all the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment cannot be deemed unfair on account of the failure to take into account.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.