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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of stopping the instant crime, the Defendant suffered from a mental illness with stimulative disorder at the time of the instant crime, and was in the state of mental disorder or mental disorder.
B. The sentence imposed by the lower court on the Defendant (the period of six months of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.
2. Determination
A. According to the records of mental and physical disorder, even though the defendant was hospitalized at G Hospital located in the Seoul Southern-gu Seoul Metropolitan Government from April 19, 2012 to May 25, 2012 due to a mental disorder caused by a bipolartic disorder, and received outpatient treatment from October 23, 2013 to May 29, 2014, it is deemed that the defendant was in a lack of ability to discern things or make decisions due to a mental disorder caused by a bipolartic disorder at the time of stopping the crime of this case. However, in light of the circumstances before and after committing the crime of this case, the circumstance leading to the crime of this case, the defendant's act at the time, etc., it cannot be deemed that the defendant was in a state that he did not have or lacks ability to discern things due to a mental disorder caused by the bipolartic disorder at the time of stopping the crime of this case, the defendant's argument
B. Although the defendant's mistake is recognized as a mistake and has been treated as a both polar disorder and supported his wife and children, the defendant is recognized as having the record of having been sentenced to a suspended sentence of imprisonment for the same kind of crime, and the defendant did not agree with the victim. The extent of indecent act by compulsion in this case is not easy. In light of the motive and background leading up to the crime in this case, the circumstances before and after the crime in this case, the defendant's age, character and conduct, environment, occupation and family relation, and other various circumstances, which are the conditions of sentencing as indicated in the records, such as the defendant's age, character and behavior, the sentence imposed by the court below cannot be deemed unfair. Thus, the defendant's assertion of unfair sentencing is without merit.
3. If so, the defendant's appeal is reasonable.