The defendant's appeal is dismissed.

1. Summary of grounds for appeal (the mental and physical weak and unfair sentencing);

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of the instant case.

B. The sentence of the lower court’s unfair sentencing (a three-year imprisonment and forty-hour order to complete a sexual assault treatment program, and a three-year order to restrict employment) is unreasonable.

2. Determination

A. In light of the following, although the Defendant was aware of drinking alcohol at the time of the instant crime, he/she was aware of the fact that he/she had a weak ability to distinguish things or make decisions under the influence of alcohol at the time of the instant crime, taking into account the following: (a) the background and method of the instant crime; (b) the Defendant’s behavior before and after the instant crime; (c) the victim assaulted the police to prevent any defect in reporting the instant crime; and (d) the investigative agency explicitly stated the circumstances at the time of the instant crime and the situation at the time of the instant crime; and (b) it appears that the Defendant was aware that he/she had the weak ability to discern things or make decisions under the influence of alcohol.

shall not be deemed to exist.

Even if the defendant had a mental and physical weak state due to drinking

The court may choose not to apply Article 10 of the Criminal Act on the reduction and exemption of punishment pursuant to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and it is reasonable that the defendant does not reduce punishment due to mental and physical weakness as long as he/she has taken the state of drinking.

Therefore, we cannot accept the above assertion by any mother or the defendant.

B. The sentencing of an unfair assertion of sentencing is a discretionary determination based on the statutory penalty that takes into account the conditions for sentencing as stipulated in Article 51 of the Criminal Act within a reasonable and appropriate scope, and is a unique area for the first deliberation of the sentencing in our criminal litigation law that takes the trial-oriented principle and the principle of directness.