The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence (6 months of imprisonment, 40 hours of order) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental or physical loss or mental weakness, the above assertion is rejected, since it is not deemed that the defendant had drinking alcohol at the time of the crime of this case, but it did not have the ability to discern things or lacks the ability to discern things.

B. In full view of the fact that the defendant's wrong determination of the sentencing is recognized and against the defendant's wrong determination, it cannot be deemed that the sentence imposed by the court below is too unreasonable because the defendant is too unreasonable in light of the following: (a) the defendant's erroneous determination of the sentencing is favorable to the defendant; (b) the defendant was convicted of an indecent act committed by quasi-performance; and (c) the defendant was committed during the suspension of the execution period; (d) the victim complained of a large mental suffering; and (e) the victim sought a strict punishment against the defendant; and (e) other records and arguments, such as the defendant's age, sex, environment

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, 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.