A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to drinking.

B. The sentence of the lower court (4 months of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. In full view of the means and methods of the instant crime, the conduct of the Defendant before and after the commission of the crime, the circumstances after the commission of the crime, and the Defendant’s reputation amount, etc. acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, it was found that the Defendant was aware that he had a considerable number of drinking at the time of the instant crime, but was in a state that he lost or lost the ability

Therefore, the defendant's above assertion is without merit.

B. Although the victim of a special property damage did not want to be punished against the defendant, the defendant was sentenced to six months of imprisonment on November 11, 2016 due to forced indecent act, obstruction of the performance of official duties, and obstruction of business affairs on March 19, 2017, and thus committed again the crime of this case since he did not go beyond one month after the execution of the sentence was completed, the defendant already committed the crime of this case, including the suspended sentence and suspended execution, several times of records of punishment for violent crimes, including the fact that the defendant had the past record of punishment for the crime of violence, the fact that the victim's external speculation was well known and the nature of the crime was not good in light of the crime of openly obscenity and openly obscenity, and other various conditions of sentencing as shown in pleadings, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, the above assertion by the court below is not justified.

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. It is so ordered as per Disposition.