A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the first instance court (the penalty amounting to KRW 400,000) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, the Defendant appears to drink at the time of the instant crime; however, in light of the Defendant’s usual volume at the time of the instant crime, the background leading up to the commission of the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions due to drinking.

Therefore, the defendant's mental and physical disability cannot be accepted.

B. In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate court’s judgment on the unfair argument of sentencing, the first instance court already rendered a sentence by reducing more than the fine amount on the summary order (500,000 won) by taking into account the circumstances of the Defendant’s assertion, and taking into account the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and other circumstances that are conditions for the sentencing, such as the circumstances after the crime, it is too heavy that the sentence imposed by the first instance court exceeds the scope of the sentencing discretion.

It is difficult to see it.

Therefore, we cannot accept the defendant's argument that the above sentencing is unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.