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

B. Sentencing of the lower court’s sentencing (the order to complete sexual assault treatment programs for 2 years, 6 months and 80 hours of imprisonment) is excessively unreasonable.

2. Determination

A. In light of the following: (a) the Defendant was aware of drinking alcohol at the time of the instant case; (b) although the lower court and the lower court were aware of the fact that the Defendant had drinking alcohol at the time of the instant case; (c) the background and means of the instant crime; (d) the Defendant’s act before and after the instant crime; (c) the process of entering the toilet along with the victim at the time of the commission of the crime; (d) the process of sexual intercourse with the victim; and (e) the victim’s response thereto; and (e) the victim’s pro-enemy in the commission of the crime was actively prevented the victim’s pro-enemy from opening a lele column.

shall not be deemed to exist.

Even if the defendant had a mental and physical weak state due to drinking

The court may choose not to apply Article 10 of the Criminal Act on the reduction and exemption of punishment pursuant to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and it is reasonable that the defendant does not reduce punishment due to mental and physical weakness as long as he/she has taken the state of taking the punishment due to drinking.

Therefore, we cannot accept the above assertion by any mother or the defendant.

B. The sentencing of a judgment on an unfair assertion of sentencing is based on the statutory penalty, and the discretionary judgment is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as stipulated in Article 51 of the Criminal Act, based on a reasonable and appropriate scope, there exists a unique area of the first deliberation in our Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle

In addition to these circumstances, the appellate court's ex post facto nature.