The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Mental illness: at the time of committing the instant crime, the Defendant was in a state that the Defendant was unable to make a decision on the intention and to discern things due to mental illness and the state of mental suffering.

B. Unreasonable sentencing: The sentence of the lower court (two years and six months of imprisonment) is excessively unreasonable.

2. According to the written mental appraisal prepared by the Prosecutor T of the Public Medical Treatment and Custody Center according to the commission of the Korean court, the Defendant, at the time of committing the instant crime, acknowledged that the Defendant was in the state of having the ability to discern things or make decisions due to the exposure of sexual intercourse witnesses, sexual impulse impulse disorder, and sexual intercourse disorder at the time of committing the instant crime.

The judgment of the court below contains an excessive error.

3. Therefore, without examining the Defendant’s assertion of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided through pleading.

As stated in the corresponding column of the judgment of the court below, the first head of the criminal facts of the judgment of the court below and the summary of evidence shall be the same as stated in the corresponding column of the judgment of the court below after deducting “the defendant has determined his/her will due to mental illness and exploitation, and where the defendant lacks the ability to discern things.”

Application of Statutes

1. Relevant Articles 301, 298, 245, and 298 of the Criminal Act concerning the crime and the choice of punishment;

2. Mitigation of mental illness and injury as prescribed by Articles 10 (2) and 55 (1) 3 of the Criminal Act;

3. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation to the extent that the punishment is aggregated with the long-term punishment of each of the crimes above the punishment prescribed in the largest indecent act by force);

4. Article 62 (1) of the Criminal Act (The following extenuating circumstances that are favorable to the reasons for sentencing).

5. Probation of the Criminal Act;

6. On December 18, 2012, an order to attend a course is issued on special cases concerning the punishment, etc. of sexual crimes committed by the Gu.