The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

The defendant is a sexual assault treatment program.

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of legal principles, which judged otherwise by misapprehending the legal principles, although the defendant was in a state of mental or physical loss or mental weakness due to mental or physical disorder at the time of committing

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

2. 판단 심신장애 주장에 관하여 살피건대, 기록에 의하면, ① 피고인이 2013. 4. 24. 경 파과 형 정신 분열병 등의 진단을 받고 그 무렵부터 2013. 11. 8.까지 K 병원에서 피해 망상, 환청, 자해 등의 증상으로 입원치료를 받은 사실( 증거기록 53 쪽), ② 서울 중앙지방법원은 2013. 12. 24. 피고인에 대한 2013 고단 2563호 사건에서 피고인이 ‘2013. 4. 20. 당시 파과 형 위 법원은 판결문에 ‘ 파괴 형’ 이라고 기재하였으나, 이는 ‘ 파과 형( 破瓜型)’ 의 오기로 보인다.

The fact that one year has been sentenced to imprisonment by reducing mental and physical weakness under Article 10(2) of the Criminal Act on the ground that “the defendant was in a state that he/she lacks the ability to discern things or make decisions due to mental fissiona, alcohol dependence, etc.”

On the grounds that it is difficult to see that Defendant’s appeal was dismissed, and the judgment became final and conclusive, and ④ there was no evidence to acknowledge that Defendant’s mental division, etc. was treated or improved during the execution period of imprisonment with prison labor under the above judgment, and the Defendant committed the instant crime only 12 days and only 12 days after the completion of the above sentence on December 11, 2014, and the content thereof is difficult to see as an act of a person with a normal mind. In full view of the following, the Defendant was in a state that at the time of the instant crime, at the time of the instant crime, the Defendant was in a state that the Defendant was in weak ability to either

On the other hand, it is reasonable to see that the Defendant committed the instant crime.