The defendant's appeal is dismissed.

At the time of committing the instant crime, the Defendant was physically and mentally weak to have the ability to discern things or make decisions due to the sexual disorder at the time of the instant crime.

The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

Judgment

As to the assertion on mental and physical weakness as stipulated in Article 10 of the Criminal Act, the mental and physical disorder as stipulated in Article 10 of the Criminal Act requires not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder to lack or decrease in the ability to distinguish things and to control action accordingly. Therefore, even if a person with mental disorder is a person with a normal mental disorder at the time of committing the crime, it cannot be deemed a mental and physical disorder

In addition, barring any special circumstance, it cannot be deemed that a person with a mental defect requires an act that is not expected to control his impulse and to demand compliance with the law. Thus, the mere fact that there is a mental disease representing a mental defect in a sexual aspect does not constitute a mental disorder, which is the reason for reduction or exemption of punishment. However, there is room for recognizing mental disorder in a case where the symptoms are very serious and it can be evaluated that the person with mental disorder is equal to the person with mental disorder, or where other mental disorder competes with it. In such cases, whether to recognize mental disorder can be determined independently by the court by taking into account the degree and contents of mental disorder, motive and cause of the crime, motive and cause of the crime, the act of the defendant before and after the crime, the conduct of the defendant before and after the crime and the manner of the crime, the existence and degree of memory of the situation before and after the crime, the attitude at the investigation and the trial proceedings (see, e.g., Supreme Court Decisions 2012Do12689, Jan. 24, 2013>