The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The lower court’s sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, although the defendant was found to have a drinking condition at the time of the crime of this case, in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. The lower court determined on the assertion of unfair sentencing: (a) the instant crime committed by the Defendant committed an indecent act by force against the victim returned to the new wall; (b) committed an injury requiring treatment for about two weeks in consideration of the victim’s face at one time; (c) thereby, the Defendant was subject to considerable mental impulse; and (d) on August 12, 201, the Daejeon District Court sentenced the Defendant to a stay of execution for two years and six months due to rape and bodily injury, etc. at the Daejeon District Court on August 20, 201, which became final and conclusive on August 20, 201, and committed the instant crime of this case even during the period of the suspension of execution; (d) the degree of injury suffered by the victim is not more severe; (e) the suspension of execution for the crime of injury resulting from rape, etc. is invalidated when the instant judgment becomes final and conclusive; and (e) the Defendant’s punishment against the Defendant was sentenced to imprisonment for two years and six months by taking account of the following facts:

The statutory penalty for the crime of injury by indecent act, which is the crime of this case, is imprisonment with prison labor for life or for not less than five years, and so long as the defendant's assertion on mental disorder is not accepted as seen earlier, the punishment imposed by the court below is the lowest sentence of punishment imposed by discretionary mitigation, so there is no room for mitigation.