The defendant's appeal is dismissed.

1. Of the facts charged, the lower court dismissed the prosecution and sentenced the remainder of the facts charged.

The defendant appealed only for the guilty portion, and the prosecutor did not appeal, and the rejection portion of the public prosecution which the defendant and the prosecutor did not appeal is separated, so the scope of the trial of this court is limited to the conviction

2. Summary of reasons for appeal;

A. In the event that the Defendant, at the time of committing the instant crime with mental and physical weakness, was under the influence of alcohol and had weak ability to discern things or make decisions, the lower court erred by misapprehending the legal doctrine on the part of the Defendant.

B. The sentence of the lower court’s improper sentencing (two years and six months of imprisonment) is too unreasonable.

3. The judgment of the court below on the assertion of mental and physical weakness also asserted the same in the court below. The court below held that the defendant was under the influence of alcohol at the time of the crime of this case, but the defendant received text messages without any problem at least 30 minutes prior to the commencement of the crime of this case, and immediately before and after the crime of this case, the defendant was in the state of lacking the ability to discern things or make decisions, in light of the fact that the defendant sent tobacco with the victim before and after the crime of this case was confirmed in CCTV images, etc.

The defendant's assertion was rejected on the ground that it did not appear.

The judgment below

Examining the reasoning in comparison with the records of trial, the judgment of the court below is just, and there is no violation of law as alleged in the grounds of appeal by the defendant or defense counsel.

This part of the defendant's assertion is without merit (Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) (Article 10 (2) of the Criminal Act, which is a provision that reduces punishment for a crime resulting from mental or physical weakness, may not apply when the defendant commits the same sexual crime as this case by drinking