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The defendant's appeal is dismissed.
Reasons
The Defendant with mental and physical disorder of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime.
The punishment sentenced by the court below to the defendant (the punishment amounting to 1.5 million won, the order to complete a sexual assault treatment program for 24 hours) is too unreasonable.
According to the evidence duly admitted and examined by the court below as to the allegation of mental disorder on the grounds of appeal, the defendant was deemed to have a drinking condition at the time of committing the instant crime, but in light of the background leading up to the instant crime, the method and method of committing the crime, and the circumstances after committing the crime, etc., the court below had no or weak ability to discern things or make decisions.
Therefore, we cannot accept the defendant's above assertion.
Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant has no record of criminal punishment so far with regard to the illegal allegation of sentencing, the court below has already determined the punishment by taking into account the circumstances favorable to the defendant, did not receive a letter from the injured party, there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the sentence of the court below, and there are other circumstances that are conditions for the sentencing as shown in the records and arguments, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime was committed, etc., the court below's sentencing is determined within the reasonable and appropriate scope,
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.