The defendant's appeal is dismissed.

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (two months of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. The judgment is based on the following facts: the Defendant recognized the instant crime and against his mistake; the Defendant is a disabled person of Grade II with intellectual disability; at the time of the instant crime, there are legal grounds for mitigation in the state of mental disability at the time of the instant crime, etc. in favor of the Defendant.

However, the court below seems to have determined a punishment by fully taking into account the circumstances favorable to the defendant, and there is no change of circumstances that may differ from the judgment of the court below, such as agreement with the victim during the time of the trial, etc. The crime of this case is committed by the defendant using obscene video recording that contains the content of sex acts, etc. by showing sexual intercourse with the victim, and its nature is very poor, and the defendant has the record of being sentenced to a suspended sentence for the reason that sexual assault against the child has been committed against the child, and there is a history of being sentenced to a suspended sentence for the reason that the crime of this case was committed against the child, and it seems that the shock and damage caused by the crime of this case would be reasonable, and other various sentencing conditions in the records and arguments, such as the defendant's age, family environment, conditions before and after the crime, etc., are too unreasonable.

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