The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

In light of the circumstances leading up to the instant crime, etc., the sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

According to the evidence duly admitted and examined by the court below as to the claim of mental suffering from mental illness, the defendant may be found to have a drinking alcohol at the time of the crime of this case, but in light of the fact that the defendant has made a relatively detailed statement about the circumstances leading to the crime of this case or the victim's status (Evidence No. 81 of the evidence record), and the defendant's specific behavior patterns (Evidence No. 25 of the evidence record), etc. at the time of the crime of this case, it is not deemed that the defendant had weak ability to discern things or make decisions under the influence of alcohol

Therefore, this part of the defendant's argument cannot be accepted.

As to the assertion of unfair sentencing, the Defendant recognized both the instant crime and divided his mistake, and the victim does not want the punishment of the Defendant under the agreement with the Defendant.

Meanwhile, the crime of this case was committed by the Defendant on the ground that the victim, who was in a pety relationship, was committed rape on the ground that the victim did not take the part in himself, and the nature of the crime was bad, and the Defendant was sentenced to a suspended sentence for 2 months on May 16, 2013 due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc. on the 24th of the same month, and the judgment became final and conclusive on the 24th of the same month, and thus it is impossible to suspend the execution of the instant crime, and in full view of all other circumstances, including the Defendant’s age, character and behavior, intelligence and environment, and circumstances after the crime, etc., the sentence of the lower