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 and physical loss or mental weakness due to shock disorder, depression, etc.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime, and the means and method of committing the instant crime, and the circumstances after committing the crime.

It is difficult to see it.

Therefore, the defendant's above assertion is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following, the lower court determined the sentence by taking into account various circumstances as indicated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the argument of the instant case, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing was too excessive and so it exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.