The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant with mental disability is under the influence of alcohol at the time of the instant crime, and was in a state of mental disability, so punishment should be mitigated.

B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. In full view of the evidence and legal principles legitimately admitted and investigated by the court below as to the claim of mental retardation, the fact that the defendant committed the crime in this case under the influence of alcohol can be acknowledged. However, in light of the circumstances before and after the crime in this case, circumstances leading to the crime, and the defendant's behavior at the time of the crime in this case, it cannot be deemed that the defendant had weak ability to discern things or make decisions due to drinking.

Therefore, this part of the Defendant’s assertion is difficult to accept.

B. A favorable sentencing factor or objective and neutral sentencing factor is acknowledged, such as the fact that the defendant merely agreed with the victim about the allegation of unfair sentencing and the victim does not want punishment against the defendant, the defendant appears to have committed contingent crimes, the defendant has no criminal records of the same kind, and the defendant recognizes all the crimes and seriously reflects his or her mistake.

However, the crime of this case, which is recognized by evidence, evidence law, and legal principles, is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor, such as the following: (a) the defendant, under the influence of alcohol on the road, by inserting fingers into the victim’s drinking, and similar rape; (b) the nature of the crime is not good; (c) the victim appears to have suffered considerable mental pain; and (d) the defendant committed the crime of this case during the period of repeated offense.

The above elements of sentencing, the statutory penalty for the crime of similar rape (limited to imprisonment of not less than two years), the applicable sentences, the sentencing cases of similar cases, the defendant's age, character and conduct, intelligence and environment, and the instant case.