The defendant's appeal is dismissed.

1. Summary of grounds for appeal (non-incompetent and unreasonable sentencing)

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state which lacks the ability to discern things and make decisions.

B. The sentence imposed by the lower court on the penalty of unreasonable sentencing (the fine of three million won, the order to complete a sexual assault treatment program 40 hours, the burden of litigation costs) is too unreasonable.

2. Determination

A. According to the record of the judgment on the claim of mental disability, the defendant is deemed to have been under the influence of alcohol at the time of the crime in this case, but there is no history of treating the defendant due to alcohol dependence and mental illness in the past, the defendant's speech and behavior at the time of investigation, and the defendant's statement relatively specific memory and statement about the circumstances of the crime at the time of investigation, etc., it is not deemed that the defendant did not lead

The defendant's argument of mental disability is without merit.

B. In full view of various conditions of sentencing indicated in the record, such as the Defendant’s criminal record and the Defendant’s active denial of the instant crime from the time of investigation to the original trial, etc., it cannot be deemed that the lower court’s punishment is excessively heavy beyond the reasonable limit of discretion.

The defendant's assertion of unfair sentencing 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 conclusion is groundless.