The defendant's appeal is dismissed.

The Defendant with mental and physical disorder of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime.

In light of the various sentencing conditions in this case, the punishment sentenced by the court below (the completion of the sexual assault treatment program for three years and forty hours) is too unreasonable.

Judgment

According to the record as to the assertion of mental disorder, even though the Defendant was aware of drinking alcohol at the time of committing the instant crime, in view of various circumstances such as the background leading up to the instant crime, the means and method of the crime, the Defendant’s attitude and behavior before and after the commission of the crime, and the circumstances after the commission of the crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

It does not appear.

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

Examining the various sentencing conditions in the instant case regarding the unfair argument of sentencing, the circumstances are favorable to the Defendant, such as the fact that the Defendant has shown the perception and reflect of the crime, that the Defendant has no record of the same sex crime, and that there is no record of criminal punishment exceeding the suspended sentence.

Meanwhile, the crime of this case is deemed to have sexual intercourse with the victim who was under the influence of alcohol by the Defendant. In light of the motive, place and method of the crime, the relationship between the Defendant and the victim, etc., the crime is not good, and the victim is deemed to have caused considerable mental impulse and sexual humiliation due to the act of the Defendant, and the fact that the Defendant did not receive a letter from the victim up to the trial, etc. is disadvantageous to the Defendant.

As above, all of the sentencing factors that are favorable or unfavorable to the defendant are considered in full view of the records of this case, including the age, sex, criminal conduct and environment, family relationship, motive and background of the crime, method of the crime, circumstances before and after the crime, etc.