The defendant's appeal is dismissed.

1. Of the facts charged in the instant case, the lower court dismissed the prosecution on the charge of assault and assault, and convicted the charge of coercion, respectively, and the Defendant appealed only for the guilty part among the charges.

Therefore, the dismissal part of the judgment of the court below is limited to the guilty part of the judgment of the court below, since it is separated and confirmed that both parties did not appeal.

2. Summary of grounds for appeal;

A. At the time of preventing the instant indecent act, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of committing the instant indecent act.

B. The punishment sentenced by the court below against the defendant (two years of suspended sentence in August and two years of suspended sentence, order to observe protection, and order to attend sexual assault treatment lectures for 80 hours) is too unreasonable.

3. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was found to have committed the instant indecent act under the influence of alcohol, in light of the following circumstances before and after the Defendant committed the instant indecent act, the background leading to the instant indecent act, and the Defendant’s behavior at the time, etc., the Defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to drinking at the time when he prevented the instant indecent act.

Therefore, the defendant's mental and physical disability argument is without merit.

B. Although the judgment on the unjust assertion of sentencing was made, the defendant was aware of his mistake, and there was no history of punishment for the same crime as the crime of indecent act in the instant case, and the defendant was deemed to have committed the crime of indecent act in the instant case by drinking and contingent. The court below expressed in the judgment that the injured person would not want the punishment of the defendant by unanimous agreement with the victim E, but the defendant is due to a type different from the crime of indecent act in the instant case.