The defendant's appeal is dismissed.

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to mental illness.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of judgment on the claim of mental disability, the fact that the defendant was diagnosed with the name of sick person, such as intellectual disability and shocking disorder, etc. from March 2017 and received treatment for the treatment of the method of treating scambling drugs can be acknowledged, but otherwise, the defendant suffers from mental illness.

In light of the circumstances leading to the instant crime, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the Defendant lacks the ability to discern things or make decisions. Thus, the above assertion by the Defendant is without merit.

B. It is recognized that the defendant made a confession of the instant crime and made an agreement on the payment of KRW 2 million to the victim, etc.

However, on February 21, 2018, the Defendant was already sentenced to a fine of four million won for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Incheon District Court on February 21, 2018, and the same court was sentenced to a suspended sentence of one year for the same crime on March 8, 2018. However, the Defendant committed the instant crime again during the suspended sentence period, and the Defendant appears to have been unable to have suffered mental shock and sexual humiliation during the suspended sentence period. In addition, considering the Defendant’s age, character and behavior, home environment, motive and background of the crime, degree of damage, and circumstances before and after the crime, the sentence imposed by the court below is too excessive, even if considering the favorable circumstances of the Defendant as seen earlier.