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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing each of the instant performances, was in a state of mental and physical weakness due to exposure to each of the instant performances.
B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. As to the grounds for appeal for mental and physical weakness, the mental and physical disorder as stipulated in Article 10 of the Criminal Act requires not only mental disorder such as mental illness or abnormal mental condition, but also mental disorder such as mental disorder, which lacks or reduces the ability to discern things, and accordingly, the mental and physical disorder cannot be deemed to be a mental and physical disorder, even if a person with mental disability is a person with normal mental disorder, who has the ability to distinguish things from one another and to control behavior at the time of committing the crime.
In addition, barring any special circumstance, it cannot be deemed that a person with a mental defect requires an act that is not expected to control his impulse and to demand compliance with the law. Thus, the mere fact that there is a mental disease representing a mental defect in a sexual aspect does not constitute a mental disorder, which is the reason for reduction or exemption of punishment. However, there is room to recognize mental disorder in the case where the symptoms are very serious and it is deemed that the mental disorder is equal to the person with the original meaning, or where the cause for other mental disorder competes with each other. In such cases, whether to recognize mental disorder can be determined independently by taking into account the degree and contents of mental disorder, motive and cause of the crime, motive and cause of the crime, the act of the defendant before and after the crime, the act of the defendant before and after the crime, the existence and degree of memory of the situation before and after the crime, the investigation and the attitude in the trial proceedings (see, e.g., Supreme Court Decisions 2012Do12689, Jan. 24, 2013; 709Do19494.