The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Sexual assault against the defendant for 120 hours.

1. Summary of grounds for appeal by the defendant and his defense counsel

A. When committing the instant crime, the Defendant suffered from mental illness, such as depression, shock disorder, etc. at the time of the instant crime, and thus, was in the state of mental disorder or mental disorder, the lower court erred by misapprehending it.

B. In light of all circumstances such as the fact that the Defendant, who completed doctoral degree courses and prepared a thesis, was suffering from mental illness, such as depression, while running a venture business on or around 2009 while having failed to marry, and that the Defendant committed the instant crime, which was under mental treatment after the instant crime, has no risk of repeating a crime, and that the details of the instant crime are relatively minor, there are special circumstances that need not disclose and notify the Defendant’s personal information.

Nevertheless, the court below erred by misapprehending the legal principles regarding an order to disclose and notify personal information by ordering the defendant to disclose personal information for two years, which affected the conclusion of the judgment.

C. In light of the fact that the Defendant commits the instant crime due to an unreasonable sentencing, such as depression, and the Defendant committed the instant crime due to mental illness, which is under mental therapy after the instant crime, and that a divorce lawsuit is pending against the Defendant, the lower court’s sentence ordering the Defendant to complete a sexual assault treatment program program for four months and 120 hours is too unreasonable.

2. Determination

A. In full view of the background leading to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc., acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mental and physical disorder, even though the fact that the Defendant suffered from mental illness, such as depression, shock disorder, etc., at the time of the crime, is not deemed to have reached a state where the ability or decision-making ability to discern things is insufficient.

Therefore, it is true.