The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability due to mental illness such as brain disease, salvine personality disorder, etc.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, it is recognized that the Defendant was in a state of disability such as 3rd degree of brain disease at the time of committing the instant crime, and that he received a diagnosis of “pathosome personality disorder” from around May 2015, and received medical treatment at the hospital. Meanwhile, the instant crime is disputed on the ground that the Defendant and the victim D are not clean enough. Meanwhile, in full view of the background and method leading up to the instant crime, as well as the background and method of committing the instant crime, the Defendant’s act before and after committing the instant crime, as well as the attitude at investigation agencies and trial proceedings, it is not recognized that the Defendant was in a state of lacking the ability to discern things or make decisions due to brain disease, chronic disorder, etc. at the time of committing the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant committed the instant crime without having been sentenced to a suspended sentence of imprisonment due to the crime of indecent act by compulsion, even though the said suspended sentence was invalidated, and thus, committed the instant crime without having been sentenced to imprisonment, and the victim D cannot be deemed to have yet been given adequate compensation, etc. are the circumstances unfavorable to the Defendant.

However, except for the punishment of a fine for an injury in around 198, the defendant still has no record of criminal punishment due to violence, and the defendant seems to have recognized the crime of this case and to be against the mistake, and the defendant was also subject to violence from the victim at the time of this case, and the investigative agency.