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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was suffering from mental fissiona, etc. and was unable or weak to discern things or make decisions.
B. The punishment of the lower judgment that was unfair in sentencing (2 million won in punishment, and 40 hours in sexual assault treatment programs) is too unreasonable.
2. Determination:
A. According to the evidence duly admitted and examined by the court below and the court below, the defendant suffered medical treatment from around December 2010 due to the diagnosis of mental disorder (e.g., e., e., e., e., e., e., e., flive disorder), but in light of the background leading to the crime, the method and method of the crime, the circumstances after the crime, etc., it cannot be deemed that the defendant had the ability to discern things or make decisions, or that the defendant did not have the ability to make decisions. Thus, the above assertion by the defendant is without merit.
B. In light of the method and contents of the Defendant’s crime of this case, although the nature of the crime is not less than that of the Defendant in light of the method and contents of the crime of this case, the Defendant did not have any record of crime except for those of which indictment is suspended in obscenity; the Defendant agreed with the victim in the first instance trial; the Defendant appears to have committed the crime of this case on an contingent basis while suffering from mental disorder; the Defendant and his family members have made efforts to treat the mental disorder of the Defendant; and in full view of all other matters on the sentencing as indicated in the records and changes theory, such as the background of the crime of this case, the Defendant’s age, occupation, sex, environment, circumstances after the crime, etc., it is recognized that the sentence of the Defendant’s sentence imposed by the lower court is unfair because it was unreasonable.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the pleading is made.