A. The Defendant, at the time of committing the crime, was in a state of mental suffering suffering from a mental disorder, who booms alcohol while committing the crime.

B. The lower court’s sentence of unreasonable sentencing (including a fine of three million won, and completion of a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is recognized that the defendant had shown a normal depression and had been under the influence of alcohol to a certain extent at the time of the crime, but in light of the circumstances leading to the crime, the means and methods of the crime, the circumstances before and after the crime, etc., the defendant did not have the ability to discern things or make decisions due to depression and drinking at the time.

This part of the assertion is without merit, since it seems that it was or was in a weak state.

B. As to the assertion on unfair sentencing, the lower court is too unreasonable on the ground that the Defendant’s primary crime is the confession and reflect of the crime, the contingent crime, and the Defendant’s age, character and conduct, environment, relationship with the victim, motive and consequence of the crime, and all other circumstances constituting the conditions for sentencing indicated in the record are considered. Therefore, this part of the allegation is without merit.

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