The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The defendant is a sexual assault treatment program.

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental disability with chronic fluorries (intelligent index 78) and low intelligence (intelligent index 78).

B. The lower court’s sentencing (one year of imprisonment, forty-hour order of sexual assault treatment program, three years order of disclosure and notification) is too unreasonable.

2. According to the records of the determination on the claim of mental disability, the defendant was found to have been suffering from mental disorder in the mental health sanatorium from July 12, 1994 to October 19, 201, and from June 14, 201 to August 31, 201 as a disabled person who was judged to be mentally disabled in Grade II due to mental fission around December 2008, and the mental disorder treatment was provided in the mental health sanatorium from June 14, 2012 to August 31, 2012. The intelligence index is merely 78 degrees, and the ability to become aware is reduced compared to normal, while the investigative agency stated the following day of the crime, but it was recognized that the defendant was vulnerable to mental disorder, such as being unable to accurately understand the time of the crime, and if the records and other all other circumstances revealed at the time of the crime in this case were revealed, the defendant is deemed to have weak the ability to discern or make a decision.

Therefore, the judgment of the court below that the defendant was in a state of mental disorder at the time of committing the crime of this case is erroneous in the misapprehension of facts and affected the judgment.

3. As such, the grounds for appeal as to the defendant's mental and physical disability claim are justifiable. Thus, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the argument of unfair sentencing, and the following is again decided

Criminal facts

In the first place of the criminal facts of evidence, the defendant added to the statement that "the defendant committed the following crimes in a state that he/she has the ability to discern things or make decisions by using intelligence with low mental fissiona," and the summary of evidence "1. National Health Insurance Corporation's medical care benefits" and 1.0% thereof.