The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a mental and physical state due to drinking alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.

(c)

It is unfair that the court below ordered the defendant to disclose or notify personal information for a period of three years, even though there are special circumstances that the defendant should not disclose or notify personal information.

2. Determination

A. In light of the following: (a) acknowledged by evidence duly admitted and investigated by the lower court as to the assertion of mental and physical disorder; (b) the background of the instant crime; (c) the means and method of the crime; (d) the Defendant’s act before and after the crime; and (e) the circumstances after the crime, it does not seem that the Defendant had drinking prior to the

Even if the Defendant was in a state of mental disorder caused by drinking alcohol at the time of the instant crime, Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes need not apply to cases where a sexual crime was committed under the state of mental disorder caused by drinking or drugs, Article 10(1) and (2) and Article 11 of the Criminal Act.

“The Defendant committed a crime corresponding to a sexual crime against the victim, and was under the influence of the victim himself at the time.”

Thus, it is reasonable to not apply Article 10(2) of the Criminal Act to the crime of this case.

The defendant's mental disorder is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the conditions of sentencing compared to the lower court on the ground that new materials for sentencing have not been submitted in the trial and the same is not submitted.