The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles have asserted in the statement of appeal that “the judgment is not acceptable because the defendant suffered from mental illness due to the victim,” but such assertion does not constitute a misunderstanding of facts or misapprehension of legal principles.

The victim's horses are false.

B. At the time of committing the instant crime, mental and physical loss or mental weakness was in a state of mental disorder.

(c)

The punishment of the court below (2 million won) which is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence as to the assertion of misunderstanding of facts and legal principles, the defendant was aware of the victim while making a part-time job around September 2008, and the defendant became aware of the victim. The defendant was merely a person with the victim's personal affairs, and the defendant was able to frequently grow the elb to commit sexual assault against him. Since around 2009, the defendant thought that the person who sexual assaults himself was the victim and tried to communicate several times to the victim to ask for the reason. The defendant continued to neglect his contact, and the defendant can be found to have posted the instant article.

According to the above facts of recognition, the defendant's assertion that the victim's horses are false cannot be accepted, since this article is judged to be false.

B. According to the evidence as to the assertion of mental and physical disorder, even though it is recognized that the defendant was suffering from depression at the time of the crime of this case, the defendant had no or weak ability to discern things or make decisions, considering the background of the crime of this case, the situation before and after the crime of this case, etc.

not be deemed to be the case.

(c)

Before the instant crime was committed, the message containing false content was sent to the victim and his/her spouse for a long time on the website before the instant crime was committed, and the instant crime was committed with the victim.