Defendant

The appeal filed by both the candidate for medical treatment and custody and the prosecutor shall be dismissed.

1. Summary of grounds for appeal;

A. The Defendant and the Applicant for Medical Treatment and Custody (hereinafter “Defendant”) were in a state of mental disorder at the time of committing the instant crime. 2) The lower court’s punishment (one year of imprisonment and one hundred and sixty hours of order to complete sexual assault treatment programs) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the Defendant is deemed to have had the ability to discern things or make decisions due to mental disorder at the time of committing the instant crime, but in light of various circumstances, such as the background of the instant crime, the means and method of the crime, the act of the Defendant before and after the instant crime, and the result of mental appraisal against the Defendant, the Defendant did not have the ability to discern things at the time of committing the instant crime.

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

B. The circumstances favorable to the defendant are as follows: (a) the defendant recognized the instant crime and against whom the judgment on the assertion of unfair sentencing is accepted; (b) the defendant has no record of criminal punishment; and (c) the defendant appears to have committed the instant crime in a state of mental disorder due to mental illness

On the other hand, the defendant committed an indecent act, such as the facts constituting the crime in the decision that attracts age victims, and the crime is very serious in light of the background and method of the crime, the situation of the victim, etc., the victim seems to have received a considerable physical and mental shock due to the crime of this case, and there are no particular measures to charge the victim, etc., which are disadvantageous to the defendant.

In addition, the defendant's age, character and behavior, environment, family relationship, motive and background of the crime, method and result of the crime, circumstances before and after the crime, etc. and the Sentencing Committee of the Supreme Court.