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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal was too unreasonable because the Defendant was in a state of mental or physical weakness or mental loss due to the early illness at the time of committing the instant crime (misunderstanding of the legal principles), and the Defendant’s punishment (the amount of KRW 3 million, the amount of KRW 40 hours, and the completion of sexual assault treatment programs for 40 hours) by the lower court against the Defendant.
2. Determination
A. According to the medical statement, etc. submitted by the Defendant regarding the assertion of misapprehension of the legal doctrine, the Defendant received hospitalized treatment from April 13, 2015 to May 11, 2015 due to the same-sex disorder, and received hospitalized treatment from July 27, 2017 to August 18, 2017. The Defendant was diagnosed as a mentally ill person on the ground of decentralization, despite the fact that he was diagnosed as a result of the instant crime, in full view of all the circumstances such as the background, means, circumstances before and after the instant crime, the Defendant’s statement to the investigative agency, etc., the Defendant does not seem to have reached a state where the right to distinguish things or make decisions was lost or weak due to the disease at the time of each of the instant crimes. Accordingly, the aforementioned assertion is rejected.
B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.
Therefore, the defendant's argument of sentencing is not accepted.
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.