The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (1) The Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

(2) The sentence of the lower court (an amount of KRW 2,00,000) that is unfair in sentencing is too unreasonable.

2. (1) According to the records of the instant case’s determination on the assertion of mental and physical weakness, it is recognized that the Defendant was under the influence of alcohol at the time of the instant case, but the Defendant lacks the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

(2) The fact that the defendant recognized the crime and reflected in the judgment on the unfair argument of sentencing is favorable to the defendant.

On the other hand, this case is an unfavorable circumstance that the defendant abuseds the victim of social welfare under the influence of alcohol and uses violent language and assault to the victim of social welfare, and that the defendant has a record of criminal punishment several times for the same crime.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.

3. 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 groundless.