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 a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) (hereinafter “crime in violation of the Punishment of Sexual Crimes”), and had weak ability to discern things or make decisions.

B. The sentence of the lower court’s unfair sentencing (five years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Judgment on the grounds for appeal

A. 1) The lower court’s determination on the assertion of mental and physical weakness 1) In light of the fact that the Defendant committed the crime of violation of the Punishment of Sexual Violence in this case under the influence of alcohol, but the Defendant specifically stated the situation before and after the commission of the crime except sexual intercourse in the investigative agency.

It does not seem that

The decision was determined.

2) Examining the judgment of the court in comparison with the records of this case, the above judgment of the court below is just and acceptable, and the defendant's mental and physical weakness allegation is without merit.

B. The lower court considered the Defendant’s favorable circumstances in light of the following: (a) the Defendant recognized all of the instant crimes and reflected the mistake; (b) the Defendant agreed with the victim solely; and (c) the Defendant did not have any history of punishment for a sexual crime.

On the other hand, in light of the relationship between the defendant and the victim, the method of the crime causing rape in this case and the degree of damage, etc., the fact that the crime is hot and highly likely to be criticized, and that the defendant has been punished one time by a fine due to drinking driving, considering the circumstances unfavorable to the defendant.

In full view of the above sentencing conditions and various sentencing conditions under Article 51 of the Criminal Act, including the Defendant’s age, sex, and environment, the victim who first reported the instant case to an investigative agency.