The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, who has lost mental or physical loss or mental disorder, committed the instant crime under the condition of mental or physical loss or mental weakness.

B. In light of the fact that the criminal defendant committed the instant crime and is in a profound radius, and that considerable pain and damage was inflicted on the victim of the Defendant’s India, the punishment sentenced by the court below (2 million won) is too unreasonable.

2. Determination

A. In light of the developments leading up to the instant crime, the method and method of the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant did not have or lacks the ability to discern things at the time of committing the instant crime, thereby making it difficult to view that the Defendant did not have or lacks the ability to make a decision.

Therefore, the defendant's mental and physical loss or mental weakness cannot be accepted.

B. Even when considering the circumstances alleged by the Defendant in the judgment on the unfair argument of sentencing, the Defendant did not reach an agreement with the victim, the Defendant had a criminal record of a fine on several occasions due to violence and drinking alcohol, and there are no new special circumstances or changes in circumstances that may be reflected in the sentencing after the decision of the lower court was rendered, taking into account the following factors: Defendant’s age, sexual conduct, environment, relationship with the victim, motive and consequence of the crime, motive and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable discretion, and thus, the Defendant’s wrongful assertion of the sentencing is not acceptable.

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.