The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The punishment of the lower court (three years of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, it is acknowledged that the defendant had drinking a considerable amount of alcohol immediately before the crime of this case, but in light of the defendant's usual drinking, the background leading up to the crime, the means and method thereof, and the circumstances after the crime, etc., the defendant was in a state that the defendant had weak ability to discern things or make decisions due to drinking at the time of the crime of this case.

It does not seem that it does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

B. There is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s judgment because new materials for sentencing have not been submitted in the trial, and in full view of the reasons for sentencing revealed during the argument in the instant case, the lower court’s sentencing was too large and exceeded the reasonable scope of discretion.

It does not appear.

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

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.