2. Prior to the judgment on the argument of unfair sentencing as to the grounds for appeal, prior to the judgment on the argument of unfair sentencing, we examine whether the defendant was in a state of mental disorder at the time of the instant crime. According to the records of this case, it is recognized that the defendant was under the influence of alcohol at the time of the instant crime, but, in light of the various circumstances indicated in the records, such as the circumstances leading to the crime, details of the crime, and the defendant's behavior before and after the instant crime, the defendant had the ability to

It is not recognized that the above person has reached the state of absence of such ability.

Although there are circumstances to be considered for the defendant, such as examining the argument of unfair sentencing, the confession and rebuttal of the defendant, the victim M does not want the punishment of the defendant, the victim police officer wanting to leave the defendant's wife, the defendant received hospitalized treatment on alcohol respect, and the suspension of execution on the crime of injury resulting from the previous indecent act by compulsion, etc. due to the instant case, it is impossible to render a sentence of suspended execution again as a crime committed during the period of suspended execution, and the statutory penalty is limited to imprisonment of not less than one year, and therefore, the defendant's assertion is not accepted, since there is no possibility to otherwise reduce the punishment in the sentencing of the court below.

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