The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of each crime in the holding of the lower judgment, the Defendant had the ability to discern things or make decisions due to symptoms of low blood transfusion and alcohol dependence.

B. The sentence of the lower court’s wrongful assertion of sentencing (the imprisonment of 4 years, completion of 120 hours for sexual assault treatment programs, and disclosure and notification of information between 3 years) is too unreasonable and the amount of the sentence is determined unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the appellate court as to the assertion of mental and physical weakness, the following facts can be acknowledged.

On August 12, 2014, the Defendant was charged with violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Seoul Northern District Court (2014 Gohap 315, etc.).

In this case, the defendant asserted mental and physical weakness and the mental diagnosis was conducted from October 1, 2014 to October 30, 2014 at the request of the Seoul Northern District Court for mental appraisal.

The results of the mental appraisal were as follows.

At present, the mental state of the defendant does not seem to have a mental disorder to the extent that the diagnosis of a unique mental disorder is conducted, and it is presumed that the mental state at the time of the case was presumed that the decision-making ability was somewhat lowered, i.e., a weak condition, in the presumed to have shown temporary uneasiness, impulse, improper behavior, etc. for the use of alcohol.

Despite the results of such mental appraisal, the Seoul Northern District Court rejected the defendant's mental and physical weak argument.

Accordingly, the defendant appealed to the Seoul High Court.

The gist of the appeal was that "the defendant committed each crime under the lack of the ability to discern things or make decisions due to alcohol dependence and low blood relative."

However, Seoul High Court (2014No 3553) on February 6, 2015.