The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder due to drinking at the time of the instant crime.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, the circumstances after the crime, and the Defendant’s reputation amount, etc. acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, even though it is recognized that the Defendant had a considerable number of drinking at the time of the instant crime, but has lost or weak ability to discern things or make decisions.

As such, the above assertion by the defendant cannot be accepted.

B. As to the wrongful argument of sentencing, the fact that the Defendant’s mistake is against the Defendant, and that the degree of assault accompanied by the instant crime is not relatively heavy is the reason for sentencing favorable to the Defendant.

However, on November 23, 2017, the Defendant was sentenced to a two-month term of suspension of the execution of official duties on December 1, 2017, and was sentenced to a two-month term as of November 23, 2017, and the judgment became final and conclusive on December 1, 2017, and again committed the instant crime only for two months and the final judgment became final and conclusive. Moreover, in light of the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, the Defendant’s aforementioned assertion has no 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.