The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder due to a polar disorder, etc.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it may be acknowledged that the defendant had been diagnosed as a pharmacologic disorder, impulse disorder, etc., but in light of the course and process of the crime, means and methods, the defendant's behavior and statement attitude before and after the crime, etc., the defendant had no or weak ability to discern things due to the above mental disorder at the time of the crime in this case.

subsection (b) of this section.

B. It is recognized that there are circumstances that may be taken into account, such as the fact that the degree of force the Defendant used was not strong as to the wrongful argument of sentencing, and the fact that the Defendant substituted the instant crime.

However, the Defendant’s crime of this case was committed in the subway with a large number of people, and thus, there is a low possibility of criticism in light of the methods and circumstances of the crime.

subsection (b) of this section.

In addition, the defendant has failed to agree with the victim, and the victim is punished by the defendant.

On the other hand, the defendant committed the crime of this case within a short period of time even though he was ordered to suspend indictment for the same kind of crime.

Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.