The defendant's appeal is dismissed.

1. The gist of grounds for appeal (mental disorder and sentencing)

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence sentenced by the lower court (6 months of imprisonment, 40 hours of order to complete the course) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have a drinking condition at the time of the crime of this case, but in light of the circumstances leading to the crime, the means and method of the crime, the circumstances before and after the crime, and the attitude of the police officer in mobilization, etc., the defendant was in a state that he did not have the ability to discern things or make decisions due to drinking at the time of the crime

Therefore, we cannot accept the defendant's argument about mental disorder.

B. As to the wrongful assertion of sentencing, it appears that the Defendant recognized and reflected the instant crime when it comes to trial proceedings, and that the Defendant appears to have caused the instant crime by drinking and contingently, etc. are favorable to the Defendant.

On the other hand, the crime of this case was committed in soup by the general public that the victim's am, etc. who was locked in a soup, and committed an indecent act, which is disadvantageous to the defendant, such as the following: (a) the degree of the criminal conduct is not weak and the nature of the crime is not good; (b) the victim appears to have been faced with a considerable mental shock; (c) the defendant did not make any effort to recover the victim's damage; (d) the defendant did not agree with the victim; and (e) the defendant has eight criminal records, such as punishment once by committing sexual crimes and punishment once by fine, etc.

The above circumstances and motive leading up to the instant crime, the circumstances after the commission of the instant crime, the age of the Defendant, sexual conduct, family relationship, environment, occupation, etc., and the sentencing conditions indicated in the records and arguments.