A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (at least three years of imprisonment and 80 hours of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background and means of the instant crime, the Defendant’s act before and after the instant crime was committed, which were acknowledged by the evidence duly adopted and examined by the lower court, it does not seem that the Defendant was aware that he was drinking at the time of the instant crime, but did not have the ability to discern things or make decisions, thereby making it difficult to view that the Defendant did not have the ability

Therefore, the defendant's ground of appeal on this part is without merit.

B. The fact that the Defendant did not have a history of sexual crime against the Defendant in determining the allegation of unfair sentencing, and that the Defendant appears to have committed the instant crime somewhat contingently in the state of drinking is favorable to the Defendant.

On the other hand, the crime of this case is committed in the middle of the defendant's appearance, leading the victim in the middle of the past, leading the victim's breath, booming the victim's breath, and booming the victim's breath by hand, and "as soon as to be brought" and "as soon as to be brought" by the victim's entrance, forcing the victim into the victim, committing an indecent act by force, and the victim injured the victim's breath by hand of the defendant's shoulder material, in light of the circumstances and contents of the crime, and the circumstances before and after the crime, etc., the crime liability is very heavy; the victim appears to have suffered considerable mental shock and pain; however, the defendant did not make any effort for the recovery of damage, such as the victim's agreement with the victim, etc., and the victim's severe punishment is breath, and the defendant is the victim's body.