A. At the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions due to mental or physical disorder.

B. The lower court’s sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant is recognized to have suffered from mental illness, such as stimulative disorder, etc. at the time of committing each of the crimes of this case, but the defendant was punished for sexual assault crimes or was dismissed from his indictment several times, and the defendant was suffering from the above mental illness even at the time of committing the crime, and the defendant was hospitalized with the above mental illness from February 2, 201 to November 28 of the same year, and was presumed to have been hospitalized with the above mental illness, and it seems that the situation had been improved by taking full account of various circumstances, such as the method of the crime of this case, the defendant's behavior before and after the crime of this case, etc., and thus, it cannot be deemed that the defendant had no or weak ability to discern things or make decisions. Thus, the above argument of the defendant is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is against his mistake, suffers from mental illness such as stimulative disorder, etc., and agreed with the victim C, even though it is recognized that the Defendant deposited KRW 2 million for the victim D, each of the instant crimes is not likely to have committed an indecent act by deceiving the victim’s bucks in the bus, which is a means of public transportation, and the Defendant has been sentenced to punishment or dismissal of prosecution for the same crime even before the instant case, several times, and in particular, the Defendant has been sentenced to a suspended sentence of imprisonment for eight months due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) on September 25, 2013.