The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant did not commit self-defense at the time and place stated in the facts charged.

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

The place indicated in the facts charged in the misapprehension of legal principles is a narrow emergency corridor on the second floor of the commercial building, and since there was almost no trafficr at the time, performance cannot be recognized.

The sentence of unfair sentencing (six months of imprisonment, 80 hours of order to complete a sexual assault treatment program, 5 years of employment restriction order) of the lower court is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below, since the defendant committed a self-defense act as stated in the facts charged, the court below's finding of facts and judgment are justified.

This part of the defendant's assertion is without merit.

Although the defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, considering the main volume of the defendant, the background leading up to committing the instant crime, the means and methods of committing the instant crime, and the circumstances after committing the instant crime, the defendant did not have the ability to discern things or make decisions due to drinking.

Since it cannot be deemed that the defendant was in a state or weak condition, this part of the defendant's assertion is without merit.

The term "public performance" in the crime of public performance and obscenity means a state in which many, unspecified or unspecified persons can be recognized, and includes cases where there is possibility of recognition, and even if C and D have observed the crime of this case, the place indicated in the facts charged can be seen by many, unspecified persons. Thus, this part of the defendant's assertion is without merit.

The Criminal Procedure Act, which takes the principle of trial-oriented and directness of unfair sentencing, has its own area of sentencing determination in the first instance trial and sentencing compared with the first instance trial.