The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Mental and physical weakness: At the time of committing the instant crime, the Defendant had disability at a level of Grade III intellectual disability, and was in a state of mental disorder having weak ability to discern things or make decisions.

B. Improper sentencing: The sentence of the lower court (one year of imprisonment) is too heavy.

2. Determination

A. According to the record as to the assertion of mental disorder, first of all, the Defendant was registered as a Grade 3 intellectual disability under the Welfare of Disabled Persons Act at the time of committing the instant crime, and immediately after committing the instant crime, it is recognized that the Defendant was diagnosed as a severe fluoral disease with no symptoms of mental disorder by a member of the Department of Mental Health on January 2015, 2015.

However, in full view of the Defendant’s intelligence and education level, ordinary life attitude, background and method leading up to the Defendant to commit the instant crime, attitude and content of the Defendant’s statement in an investigative agency, and circumstances after the commission of the instant crime, etc., the above-level intellectual disability of the Defendant limited the Defendant’s ability to assume responsibility for the instant crime.

It has an impact to the extent that it has to be evaluated.

In addition, it is difficult to see it, even if it is somewhat difficult to exclude the probability that it had an effect on the defendant's punishment, it seems sufficient to consider it as a favorable circumstance for the defendant in determining the defendant's punishment.

Unlike the Defendant’s assertion, the mere fact that the Defendant was registered on the third level of intellectual disability was merely a state of mental disorder having weak ability to discern things or make decisions at the time of committing the instant crime.

subsection (b) of this section.

We do not accept this part of the defendant's assertion.

B. As to the wrongful assertion of sentencing, the Defendant is going to find employment for the purpose of having sexual intercourse with the victim of class 2 of intellectual disability without being aware of the period of repeated crime for which a long time has not yet passed after the execution of imprisonment with labor following the reduction of violent criminal robbery, etc.