The defendant's appeal is dismissed.

1. The gist of grounds for appeal (the mental and physical weak and unfair sentencing);

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 punishment sentenced by the lower court (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. In light of all the circumstances, such as the developments leading up to the instant crime, the behavior of the Defendant before and after the instant crime, and the fact that the Defendant had been punished several times by the same method, which are acknowledged by the record as to the assertion of mental and physical weakness, the Defendant had weak ability to discern things or make decisions due to drinking at the time of the instant crime.

It does not seem that it does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

B. In full view of various circumstances, including the Defendant’s age, sexual conduct, and the circumstances after the crime, even though the Defendant recognized the instant crime, there was a history of having been punished several times due to fraud, etc., and the sentencing conditions indicated in the records, the sentence imposed by the lower court is too heavy.

It does not seem that it does not appear.

The defendant's improper assertion of sentencing also has no reason.

3. 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.