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 lower court’s sentence of unreasonable sentencing (the fine of 4 million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, even though the defendant was in a state of drinking at the time of the crime in this case, in light of various circumstances, such as the course, process, means and method of the crime in this case, and the defendant's speech and behavior before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking, and therefore the above argument by the defendant is without merit

B. The judgment of the court below on the assertion of unfair sentencing is disadvantageous to the defendant's wrong judgment, and the first offender is the first offender, on the other hand, at a favorable condition, and the fact that the court below did not agree with the victim. The court below seems to have determined the punishment by fully considering the circumstances favorable to the defendant. The court below seems to have not changed any circumstances to the extent that there was no change in circumstances that could vary between the judgment below and the punishment of the defendant. In full view of the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, the court below's punishment

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.