The defendant's appeal is dismissed.

1. Summary of grounds for appeal (non-incompetent and unreasonable sentencing)

A. The Defendant did not consider this fact in a state of mental disorder due to depression at the time of the instant case.

B. The lower court’s sentence of unreasonable sentencing (two-month imprisonment, forty-hour order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In light of the records of this case, the defendant suffered from mental illness such as depression at the time of this case, but it is difficult to view that the defendant's ability to discern things or make decisions has been weak. Thus, the defendant's assertion of mental disability is without merit.

B. As to the assertion of unfair sentencing, the Defendant recognized the instant crime, and the Defendant paid KRW 700,00 to the victim’s mother, and the victim’s mother prepared an agreement that the victim would not want the Defendant’s punishment, and the Defendant has no record of punishment for the same crime, etc. are favorable to the Defendant.

On the other hand, the fact that the Defendant had a lot of criminal punishment, and the Defendant was sentenced to a suspended sentence due to a crime of different types, and committed the instant crime only one week, and that the Defendant appears to have suffered from the instant crime due to mental shock, etc. is considered to have considerable mental shock, etc., are disadvantageous to the Defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.