The defendant's appeal is dismissed.

The summary of the grounds for appeal ① The Defendant suffered from both polar disorder, severe depression, alcohol dependence, etc. at the time of the instant crime, was under the influence of alcohol at the time of the instant crime, and ② the sentence (one year and six months of imprisonment, and forty hours of order to complete the program) imposed on the Defendant by the original heart is too unreasonable.

Judgment

A. As to the assertion of mental and physical weakness, the Defendant was in a state of mental and physical weakness by force at the time of committing the instant crime.

The lower court rejected this part of the Defendant’s assertion on the following grounds: (a) under Article 2-2(b) of the “Determination on the Defendant and the defense counsel’s argument” of the judgment, the lower court rejected this part of the Defendant’s assertion on the following grounds: (b) the Defendant was under the influence of alcohol, but the Defendant could have delivered his/her intent to sexual intercourse to the victim; (b) the Defendant was arrested as an offender in the act of committing an offense and was committed as if he/she were another person to avoid liability;

Examining the facts and circumstances admitted by the lower court in comparison with the evidence duly adopted and examined, the lower court’s judgment is sufficiently acceptable.

In addition, according to the records, the Defendant may be found to have been subject to pharmacologic treatment, etc. from around 2014 by undergoing the diagnosis of both dynamic disorder, depression, alcohol dependence, etc. However, in light of the motive and background of the instant crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions due to such mental symptoms or alcohol as mentioned above at the time of committing the crime.

does not appear.

In the end, this part of the defendant's assertion is without merit.

B. As to the unfair argument of sentencing, the Defendant submitted a number of objections against the crime, and even though it did not reach the degree of mental and physical weakness.