The defendant's appeal is dismissed.

1. Summary of reasons for appeal - Mental and physical disorder and sentencing

A. At the time of each of the instant crimes, the Defendant was physically and mentally weak due to extreme sexual intercourse, resulting in a decrease in the ability to distinguish things from others and to control action.

B. That the criminal defendant was not in a state of mental and physical weakness

Even if considering the fact that he suffered from sexual intercourse before the crime of this case, the sentence of the court below (10 months of imprisonment and 40 hours of completion of sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) As to the assertion of mental disorder, the phenomenon that led to the crime is likely to be found even for a normal person, barring any special circumstance, it cannot be deemed that a person with the above character defect requires an act that is not expected to restrain his impulse and to comply with the law. Therefore, it is reasonable to view that in principle, the defect of the nature such as shock disorder does not constitute a mental disorder, which is the cause of reduction or exemption of punishment. However, even if it is a defect of the nature such as shock disorder, if it is very serious and it is deemed that it is the same as the one with mental disorder within the original meaning, the crime must be deemed to be a crime caused by mental disorder (see Supreme Court Decision 2006Do5360, Oct. 13, 206). Meanwhile, the determination of whether the defendant has a mental disorder as provided for in Articles 10(1) and 10(2) of the Criminal Act and the degree and degree of the defendant's behavior before and after the commission of the crime should be based on a variety of motive and behavior of the defendant.