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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Mental and physical disability: The defendant committed a crime with mental disability at the time of each of the crimes in this case.
Unfair sentencing: The lower court’s imprisonment (4 months of imprisonment and 40 hours of completion of sexual assault treatment programs) against the Defendant is too unreasonable.
Judgment
In light of the background and method of each of the instant crimes, the Defendant’s act before and after the crime, and the circumstances after the crime, etc., it is not deemed that the Defendant did not have reached a state where the ability to discern things or make decisions has been weak due to mental illness, etc.
Therefore, the defendant's argument of mental disability is without merit.
It is recognized that the defendant's judgment on the assertion of unfair sentencing recognizes the crime of this case and reflects it, and suffers from impulse disorder, liverness, etc. with Grade 3 of intellectual disability.
However, in light of the fact that the crime of this case was committed openly and obscenity at a place where many unspecified people can see, such as on the street, and the nature of the crime is not good, and that the defendant committed again the crime of this case without being aware of the fact that there was a history of having been four or more times of punishment for the same kind of crime, and the risk of recidivism during the period of repeated crime of the same kind, etc., the court below seems to have determined a sentence by taking into account the circumstances favorable to the defendant, such as the fact that there is no change in circumstances that may be considered in sentencing after the sentence of the court below, and there are no other factors of sentencing as shown in the argument of this case, such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and environment
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.