The defendant's appeal is dismissed.

1. Summary of the grounds for appeal;

A. At the time of the crime of rape in this case, the Defendant was in a state of weak ability to discern things or make decisions due to mental disorders, such as brain disease, salvine, etc., and for the clothes of prescribed drugs.

B. The Defendant asserts that there was no criminal intent to rape because it was impossible to engage in rape due to the impossibility of sexual intercourse due to the failure to file a statement of grounds of appeal after the lapse of the period for appeal, but the Defendant stated at an investigative agency that “the Defendant was unable to engage in sexual intercourse with his wife prior to departure and for a long time, and the victim was able to participate in sexual intercourse with another woman, on the ground that he was able to succeed.” The Defendant’s assertion on this part is not accepted in full view of the following: (a) the Defendant’s sexual desire does not lose itself even before departure; and (b) the Defendant

The punishment sentenced by the court below (three years of imprisonment, 80 hours of order to complete a sexual assault treatment program, confiscation, disclosure, and notification three years of order) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court and the first instance court, such as the fact-finding results on the J Hospital of this Court, the fact that the Defendant suffered from diversified tyrosis, euthanasia, cerebral typhism, etc. is recognized as having been receiving medical treatment.

However, as acknowledged by each of the above evidence, the defendant made a concrete and detailed statement at an investigative agency prior to the crime of this case, the victim's actions committed at the time of the crime of this case, response to the victim, and the circumstances leading to the reversal of the statement by the investigative agency, etc. The defendant added the crym color chain above that he suffered as soon as possible after the crime of this case, and the defendant was engaged in public service, such as bicycle repair, without any particular problem.