The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

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

B. The lower court’s sentence of unreasonable sentencing (the fine of 5 million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. Although the Defendant was under the influence of alcohol at the time of the instant crime, in light of the Defendant’s reputation volume, the background leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, it cannot be deemed that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime, and thus, this part of the Defendant’s assertion is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too remote, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.