The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time, the Defendant was under the influence of alcohol so as to have weak the ability to discern things or make decisions.

B. The sentence imposed by the lower court (the fine of three million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. According to the record of judgment on the claim of mental disability, the defendant may be found to have committed the instant crime under the influence of alcohol, but in full view of the circumstances leading up to the commission of the crime, the defendant's act before and after the commission of the crime, etc., it cannot be deemed that the defendant was under the influence of alcohol and lacks the ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. There is no new circumstance or special change in circumstances that may be reflected in the sentencing after the decision of the lower court on the assertion of unfair sentencing was rendered, and further, considering the circumstances and various sentencing conditions stated in the grounds for sentencing as a whole, the lower court’s sentence goes beyond the reasonable scope of discretion and cannot be deemed to be too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.