The defendant's appeal is dismissed.

1. Summary of grounds for appeal (mental disorder and sentencing);

A. The Defendant, under the influence of alcohol, committed the instant crime under the condition of physical and mental loss or mental weakness.

B. The first deliberation penalty (one year of imprisonment) for the sentencing is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mental and physical disorder, it is recognized that the drinking was at the time of the instant crime, but in full view of the background, process of the instant crime, the Defendant’s behavior before and after the instant crime, etc., it does not seem that the Defendant lost or weak ability to discern things or make decisions.

This part of the defendant's assertion is without merit.

B. In the instant case where there is no change in the sentencing conditions that would be specifically considered in the appellate court regarding the unfair argument of sentencing (at the same time, a written agreement stating the victim’s intention not to punish the defendant was submitted, but the victim expressed his intention not to punish the defendant from the investigation stage), and the first instance court’s “reasons for sentencing” is difficult to deem that the first instance sentence is unfair because it goes beyond the scope of discretion, considering the various circumstances indicated in the column of “reasons for sentencing”, including the defendant’s age, sexual conduct, environment, health status, family relationship, motive, means and consequence of the crime, and circumstances after the crime.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.