The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability with mental disorder, including a medical conviction.

B. The sentence imposed by the lower court (six months of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the claim of mental disability, the defendant stated in the investigative agency that the defendant "if he was under impulse control and stress or suppression, all thoughts will be sexually affected," and it is recognized that the physical appraisal document of the head of the H Hospital states that "the defendant will be suspected of having sexually impaired and satise and satise and have difficulty in sexual impulse adjustment, etc."

The phenomenon where a person commits a crime because he/she was unable to suppress his/her impulse and caused the crime to be committed is likely to be found even for a normal person. Thus, barring special circumstances, barring special circumstances, it cannot be deemed that a person with the above character defect requires an act that cannot be expected to restrain his/her impulse and to demand compliance with the law. Therefore, it is reasonable to deem that a defect of nature, such as shock disorder, does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment. In principle, the crime caused by mental disorder can be acknowledged only when it is deemed that the person with the original meaning is equal to the person with mental disorder due to a very serious defect of nature such as shock disorder.

(See Supreme Court Decision 2006Do5360, Oct. 13, 2006, etc.). However, the above physical appraisal statement states that the causal relationship between the Defendant’s criminal act and psychological postary gift according to the experience exposed to the inappropriate sex during the growth process is unclear, and it can be said that the Defendant suffers from difficulties in sexual impulse adjustment, etc. as above.