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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant: (a) was aware that he was guilty of KRD due to an excessive senscis, etc.; and (b) committed the instant crime; (c) the Defendant was in a mental and physical state due to an excessive senscis, etc. at the time of the instant crime.
B. The sentence imposed by the court below on the defendant (the imprisonment of two months for the crime No. 1 in the original decision, and the imprisonment of two years and two months and forty hours for the sexual assault treatment program program completion and confiscation of forty hours for each crime as set forth in the decision of the court below) is too unreasonable.
2. Determination
A. The evidence duly adopted and examined at the court below and the court below's decision on the assertion of mental disorder, and in particular, according to the response of the results of the mental appraisal by the Director of the Public Medical Treatment and Custody Headquarters, it is recognized that the defendant suffered from other habits and impulse disorders. Meanwhile, in light of various circumstances such as the circumstances of the crime of this case recognized by each of the above evidence, the details of the crime, and the circumstances before and after the crime, even if the defendant suffered from other habits and impulse disorders at the time of the crime of this case, it is not deemed that there was a loss or lack of ability to discern things or make decisions due to such symptoms, and it is insufficient to reverse the above recognition only with the result of the inquiry by the Director of the Ministry of Gender Equality and Custody. Therefore, the above argument by the defendant is without merit.
B. In light of the circumstances alleged by the Defendant as the grounds for appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances asserted by the Defendant as the grounds for appeal.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.