A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant indecent act.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment and twenty-four hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court on the assertion of mental and physical weakness, it is recognized that the Defendant was under the influence of alcohol at the time of committing the instant crime, but in light of various circumstances such as the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, the Defendant had the ability to discern things or make decisions.

subsection (b) of this section.

B. In light of the fact that the defendant is against the judgment of the unfair argument of sentencing, the fact that the defendant has agreed with the victim of traffic accidents, etc. that are favorable to the defendant, or that the defendant has been punished several times due to drinking driving, and in particular, the crime of this case was committed during the suspension of the execution of imprisonment due to driving without a license for drinking alcohol, the fact that the defendant did not agree with the victim of the prosecution, and other various sentencing conditions in the records, such as the circumstances of the crime, the defendant's age, sexual behavior, environment, etc., even if considering the fact that the defendant is under aviation treatment, it does not seem unfair

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.