A. At the time, the Defendant had a mental and physical weak condition under the influence of alcohol.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, one year of suspended sentence, 40 hours of sexual assault therapy, 40 hours of obscene material therapy) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, the defendant is deemed to have been aware of drinking alcohol at the time, but in light of the content of the crime, the defendant's behavior before and after the crime, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's mental and physical weakness allegation is without merit.

B. The fact that the defendant separates and reflects his own offense, and that the defendant does not have the same criminal record is favorable to the defendant.

However, the crime of this case was committed in violation of the victim's residence before the victim sees his sexual organ during the night, and the crime of this case was committed in violation of the victim's attitude and crime quality, and is disadvantageous to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.