The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 25,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

The Defendant had a history of brain surgery twice, but was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

It is improper to order the court below to disclose and notify the personal information of the defendant in violation of the disclosure and notification order.

Judgment

According to the record as to the assertion of mental disorder, the defendant was under brain surgery on two occasions in 2008 and was under drinking to some extent at the time of committing the instant crime. However, in full view of various circumstances, such as the background of the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the court below did not have the ability to discern things or make decisions due to brain surgery and drinking as mentioned above at the time of committing the instant crime.

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is without merit.

On November 28, 2014, the Defendant committed the instant crime of the same kind when he was sentenced to a suspended sentence of 2 years on the grounds that the Defendant committed an indecent act by force against female students aged 17 in the vice branch of the Incheon District Court on November 28, 2014, and the Defendant committed the instant crime of the same kind during the suspended sentence period, even though he had been sentenced to a suspended sentence of 3 years. The instant crime of this case is an indecent act by the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

On the other hand, the defendant does not have a criminal record or a fine exceeding the above suspended sentence, except for the above suspended sentence, and the degree of indecent act against the victim is not much serious.