The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime of this case committed by misunderstanding of facts or misapprehension of legal principles is committed under a state of mental and physical weakness, where it is difficult to properly distinguish things because the defendant was aware that he had a shock disorder.

Nevertheless, the judgment of the court below without considering these circumstances is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of misunderstanding of the facts and the legal principles, the defendant was found to have been suffering from a mental illness, such as depression disorder, dynamic disorder with unknown mind, external stress disorder, etc. while considering the method and method of the crime in this case, the defendant's behavior before and after the crime in this case, the defendant's statement in an investigation agency and court, the degree of memory for the crime in light of the following factors: (a) the defendant had weak ability to discern things or make decisions at the time of the crime in this case; and (b) the defendant had weak ability to discern things at the time of the crime in this case

does not appear.

Therefore, we cannot accept the defendant's above assertion.

B. The Defendant recognized the instant crime and reflects his fault in depth with respect to the determination of the wrongful assertion of sentencing.

In addition, the defendant agreed with the victim in the original trial, and the crime was also attempted.

As the defendant's crime was detected, the victim was abused.

However, the defendant has already been punished for the same kind of crime, and in particular, he has committed the crime of this case without being aware of it during the period of suspension of execution.

In addition, considering the various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances before and after the crime, the sentence against the defendant is too unreasonable.

3. Thus, the defendant's appeal is correct.