The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

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

B. The punishment of the lower court (five months of imprisonment, and 16 hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the record of determination on the assertion of mental and physical weakness, even though the defendant was under the influence of alcohol at the time of the crime of this case, it does not seem that the defendant had the weak ability or intent to discern things.

Therefore, this part of the defendant's assertion is without merit.

B. The fact that the Defendant recognized all of the instant crimes and reflected in the determination of the unfair determination of sentencing, and that he/she was hospitalized for the purpose of treatment of alcohol dependence after the instant crime is favorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant has a history of criminal punishment several times for violent crimes; (b) committed the instant crime during the period of suspension of execution due to the damage of property and interference with business affairs; (c) the Defendant did not agree with the victim; and (d) the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime; and (c) other circumstances that are conditions for sentencing as shown in the trial process, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed

Therefore, this part of the defendant's assertion is without merit.

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. It is so decided as per Disposition.