A. The Defendant committed a crime with weak ability to discern things or make decisions due to a mental disorder under the influence of alcohol.

B. In view of the fact that an illegal defendant committed a crime by mistake in the course of sentencing, immediately after committing the crime, he received a letter of apology from the victim, recognized the crime, there is no record of punishment exceeding the same criminal record or fine, and there is no sufficient economic situation, etc., the sentence imposed by the court below (3 million won, and 40 hours after completing a program for sexual assault treatment) is too unreasonable.

2. Determination:

A. In light of the Defendant’s speech and behavior before and after the crime committed by the evidence duly adopted and examined by the lower court, the Defendant had weak ability to discern things or make decisions at the time of committing the crime.

It is difficult to see this part of the defendant's argument.

B. In addition to all sentencing conditions in the instant case, including the Defendant’s age, character and behavior, motive and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable even if considering the circumstances asserted by the Defendant on the grounds of appeal, it cannot be determined that the lower court’s punishment is too unreasonable, even if it is considered that the Defendant’s assertion on the grounds of appeal is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is in accordance with Article 364 (4) of the Criminal Procedure Act.