A. At the time of committing the instant crime, the Defendant was in a mental and physical weak state under the influence of taking a mental and physical therapy and under the influence of alcohol.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances: (a) acknowledged by the record as to the assertion of mental and physical weakness, the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime; (b) the process leading up to the instant case; (c) the means and method of committing the crime; (d) the Defendant’s attitude and behavior before and after the crime; and

It does not appear.

In addition, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that Article 10 of the Criminal Act on the Punishment, etc. of Sexual Crimes may not apply to a case where a sexual crime is committed in the state of mental or physical disorder caused by drinking.

Even if the crime of this case is committed, it is not reasonable to reduce the punishment against the defendant on the ground of mental and physical weakness.

Therefore, the defendant's ground of appeal disputing mental disorder is without merit.

B. As to the wrongful assertion of sentencing, the Defendant recognized the instant crime, and reflects his mistake, and the degree of tangible power exercised by the victim is not heavy.

However, the instant crime committed by the Defendant committed an indecent act by force by taking advantage of the Defendant’s hand, seeing, and chest part of the convenience store, which was well aware of the Defendant’s two times at ordinary times, and committed the instant crime. In light of the process, method, frequency, etc. of the crime, the nature of the crime is inferior and is fright to commit the crime.

Although the victim appears to have caused considerable inconvenience and sexual humiliation due to the defendant's act, the defendant did not receive a letter from the victim until the victim suffered sexual humiliation.

Furthermore, the defendant is 8 years of age in 2009.