The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, even though the defendant was found to have a drinking at the time of the crime of this case, in light of the circumstances revealed in the arguments of this case, such as the background of the crime of this case and the defendant's act before and after the crime of this case, the defendant was in a state that the defendant lacks the ability to discern things or make decisions.

Therefore, this part of the defendant's assertion is without merit.

B. It is recognized that the defendant's mistake in determining the unfair argument of sentencing is divided, and the defendant does not want the punishment of the defendant by agreement with the victim.

However, the Defendant again committed the instant crime during the period of probation due to the crime of special assault, etc., and the instant crime was committed by the Defendant’s physical and mental loss or sexual intercourse by taking advantage of the state of impossibility to resist, and its nature is not good. The statutory punishment of the instant quasi-rape is imprisonment for more than three years. The statutory punishment of the instant quasi-rape is imprisonment for more than one year and six months, and the lower court sentenced one year and six months, and considering the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, and the conditions of the sentencing specified in the pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable. Thus, this part of the Defendant’s assertion is without merit.

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.