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 years of imprisonment and forty hours’ order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. Although the Defendant was aware of drinking alcohol at the time of the instant case, it is difficult to view that the Defendant was a large amount of drinking alcohol at the time of the instant case compared to the background and method of the instant crime, and the prime amount recognized by the Defendant’s own, as seen by the evidence duly admitted and investigated by the lower court, on various circumstances presented by the lower court. The victim did not appear to have been the Defendant at the time of the instant case.

In full view of the fact that the Defendant made a statement, and the Defendant’s India’s investigative agency did not drink to the degree of loss of gender, and that the specific statement about the situation before and after the instant case was made, the Defendant was under the influence of alcohol and had weak ability to distinguish things or make decisions.

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 a judgment on an unfair assertion of sentencing is based on the statutory penalty, and the discretionary judgment is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as stipulated in Article 51 of the Criminal Act, based on a reasonable and appropriate scope, there exists a unique area of the first deliberation in our Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle

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