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 instant crime.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

2. Determination

A. In light of the following circumstances: (a) acknowledged by the record as to the assertion of mental and physical weakness, the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime; (b) the process leading up to the instant case; (c) the means and method of committing the crime; (d) the Defendant’s attitude and behavior before and after the crime; and

It does not appear.

In addition, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that Article 10 of the Criminal Act on the Punishment, etc. of Sexual Crimes may not apply to a case where a sexual crime is committed in the state of mental or physical disorder caused by drinking.

Even if the crime of this case is committed, it is not reasonable to reduce the punishment against the defendant on the ground of mental and physical weakness.

Therefore, the defendant's ground of appeal disputing mental disorder is without merit.

B. As to the wrongful assertion of sentencing, the Defendant recognized the instant crime, thereby contravening his mistake.

Victim E does not want to be punished against the defendant, and the defendant does not have the same criminal records and criminal records.

The defendant is aged, and the defendant's wife wants to take the action against the defendant.

However, the Defendant’s act of committing the instant crime is under the influence of alcohol, and the Defendant’s indecent act was committed by force by means of rhym, turm, and chest part, etc. of three adults in his hands, and in light of the details, method, frequency, etc. of the crime, the nature of the crime is bad and is brut.

The victims seem to have caused considerable inconvenience and sexual humiliation due to the acts of the defendants.