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

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment and forty hours of sexual assault treatment programs) is too unreasonable.

2. Determination:

A. According to the record as to the claim of mental disability, it seems that the defendant was in a state of drinking at the time of the crime in this case, but in light of all the circumstances such as the background of the crime in this case, the means and method of the crime in this case, and the defendant's behavior before and after the crime in this case, it does not seem that the defendant at the time of the crime in this case had the ability to discern things

The judgment of the court below to the same purport is just, and the ground for appeal disputing this point is without merit.

B. In this case where the court below sentenced 5 years imprisonment with prison labor, which is the lowest sentence of the punishment with discretionary mitigation and is sentenced to a suspended sentence, on the assertion of unfair sentencing, the argument in the grounds of appeal that the sentencing of the court below is unfairly heavy is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.