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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The crime of this case with mental and physical weakness was committed under the influence of alcohol and physical weakness.
B. The sentence of the lower court’s improper sentencing (the amount of KRW 5 million, the amount of KRW 40 hours, the amount of KRW 5 million, and the order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. According to the records of this case, it appears that the defendant had committed the crime of this case under the influence of drinking. However, considering various circumstances recorded in the records, such as the method by which the crime of this case was committed, the defendant's speech before and after the crime of this case, and the circumstances after the crime, it was deemed that the defendant was physically and mentally weak at the time of stopping the crime of this case.
It is difficult to see that the defendant's above argument is without merit (the defendant's defense counsel stated to the effect that "the defendant was in a state of mental or physical weakness, considering that he was in a state of mental or physical weakness" on the third trial date of the court below, but the court below did not make a determination on the defendant's mental or physical weakness. However, as long as the defendant's mental or physical weakness claim cannot be accepted as seen above, the court below's error of omission does not affect the conclusion of the judgment, and there is no violation of the Act on the Application of Mental or Physical Disorders, etc.). The defendant's crime of this case seems to have committed the crime of this case somewhat contingently while the defendant was under the influence of alcohol. However, the crime of this case is not good because the victim's her am, who was in a state of subway guidance within the subway history, assaulted with the victim's s boom, who was in a state of mental or physical weakness, and there is no change in the circumstances in the appellate court's sentencing and its punishment.