A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the court below on the defendant is unfairly heavy.

2. Determination

A. Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes with Respect to the Judgment on the Grounds of Mental Injuries provides that "where a sexual crime (excluding a crime under Article 2 (1) 1) is committed in the state of mental disorder caused by drinking or drugs, Article 10 (1) and (2) and Article 11 of the Criminal Act may not apply to the crime of this case." Thus, the court below did not reduce the punishment for the crime of this case by mental disorder pursuant to Article 10 (2) of the Criminal Act and did not err

Furthermore, according to the evidence duly admitted and investigated by the court below as to whether the defendant was in a state of mental disorder, the defendant is deemed to have committed the crime of this case in a state of drinking, but in light of the circumstances leading up to the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime of this case, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing is favorable to the Defendant, such as: (a) the Defendant’s recognition of the instant crime and reflects the depth thereof; and (b) the Defendant has no same criminal record and no record of criminal punishment, in addition to three times

However, the crime of this case is deemed to have sexual intercourse with a victim who is a relative of the defendant, who is a relative by marriage, and has been sexual intercourse with the victim who was locked by drinking, and the crime of this case is not high, and the mental impulse suffered by the victim is deemed to have been very great, and the victim was at risk of the failure of the family of the victim.