The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant with mental disorder is not liable or should be mitigated inasmuch as he was under the influence of alcohol at the time of committing an indecent act by compulsion on the instant special force.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, and 80 hours of order to complete the course) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the fact that the defendant was in the state of drinking alcohol at the time of committing an indecent act by force in this case is recognized.

However, in light of the background and method of each of the instant crimes, the Defendant’s act before and after the commission of the crime, and the Defendant’s statement attitude in the investigative agency, etc., which can be seen from the following circumstances acknowledged by the above evidence, the Defendant was under the influence of alcohol and had lost or weak ability to discern things at the time of the commission of each of the instant crimes.

shall not be deemed to exist.

This part of the defendant's assertion is without merit.

The victim was under the influence of the Defendant, but the victim did not have to the degree of personnel influence.

statement is made.

Defendant

In addition, at the time of the initial statement by the police, only the indecent act was denied by making a detailed statement on the circumstances before and after the crime (the investigation record No. 156 pages), and that the police did not take such action even at the time of interrogation.

A statement is made (influence 172 of investigation records) and 3 times of interrogation of suspect, so that they cannot be memory under the influence of alcohol.

The symptoms of blacoutout (black) of a witness who lost his/her temporary memory following the development of the Republic of Korea (hereinafter “Investigation Records 204 pages”). The symptoms refer to “the phenomenon in which alcohol does not adversely affect the input and interpretation of information by lowering the activities of the piracy cells temporarily stored in a temporary memory repository, thereby causing adverse effects on the input and interpretation of information.” Thus, the brain cannot be memory merely because it is the fact that it does not constitute a normal activity.