The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

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

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of committing the crime.

However, in light of the Defendant’s main volume, the background, means and methods of the crime, and the conduct before and after the crime, etc., the Defendant was in a state that the right and wrong of things or the ability to make decisions was weak due to drinking at the time.

It does not seem that it does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. The degree of injury of the victim to the judgment on the wrongful argument of sentencing is not very serious, the victim agreed to the defendant at the court below, and the defendant recognized all the facts charged at the court below.

However, the statutory penalty for the crime of this case (special injury) is imprisonment with prison labor for not less than one year but not more than ten years.

As stated in the judgment of the court below, the defendant has been punished for the same kind of crime several times, and the defendant committed the crime of this case only for three months after the execution of punishment is completed for the same kind of crime.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive and means of a crime, circumstances after a crime, etc. and various conditions of sentencing as shown in pleadings, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's improper assertion of sentencing cannot be accepted.

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.