The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below’s failure to recognize the Defendant’s mental and physical disorder was unlawful, even though the Defendant suffered alcohol alcohol in the usual sense, and even if the Defendant had no or weak ability to discern things or make decisions by drinking at the time of the instant crime.

B. The sentence imposed by the court below on the defendant (written order for six months and forty hours of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mental and physical disorder, it is recognized that the Defendant had received hospital treatment with alcohol proof from around 2001 to around 2006, and that he had drinking at the time of the instant crime, but in light of various circumstances, such as the course and process of the instant crime, means and method, and the Defendant’s speech and behavior before and after the instant crime, it does not seem that the Defendant had the ability to discern things or make decisions at the time of the instant crime.

B. On July 21, 2011, the Defendant had been punished twice as an indecent act by compulsion, and the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.). In addition, considering various sentencing conditions as indicated in the instant argument, such as the method of the instant crime, the circumstances after the instant crime, and the Defendant’s age and character and conduct, the sentence imposed by the lower court is not deemed unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.