The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime with a mental age and intelligence lower than ordinary persons, and committed the instant crime in a state of mental disability or mental disability due to drinking.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. As to the assertion of mental disability, the court below rejected the above assertion on the ground that the defendant did not seem to have a weak ability to discern mental disorder or to make a decision on the matter under the influence of alcohol at the time of committing the crime in light of various circumstances, such as the circumstance leading up to the crime, and the attitude before and after the crime, although he was found to have been aware that the defendant was in an intelligence and adaptation ability at the boundary level, behavior, impulse adjustment disorder, etc., and drinking alcohol at the time of committing the crime in this case, and that he was aware that he had a relatively detailed statement at an investigative agency to a certain extent while memorying the facts of the crime.

In full view of the evidence duly admitted and examined by the court below, the above judgment of the court below is justified, and the defendant and his defense counsel's assertion is without merit.

B. As to the assertion on unfair sentencing, the Defendant’s indecent act committed by the driver of a female student under the age of 15 who was living in her uniform at the time of her invasion. In particular, it is highly likely to be subject to criticism in light of the criminal law, such as the victim’s her sexual organ is unfeled in her own sexual organ and only the victim’s chest’s chest, etc., and the victim’s considerable mental and physical shock is a reason for sentencing unfavorable to the Defendant.

On the other hand, the defendant was returned to Korea due to symptoms of mental disorder after entering the military, was diagnosed as a mixed-mix uneasiness, depression disorder, impulse disorder, etc., and was subject to mental therapy.