The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness due to drinking, having caused side effects of a drug that had been imprisoned in a group, or having been in a state of mixed water.

B. The sentence sentenced by the lower court (two years and six months of imprisonment, and 80 hours of order to complete the course) is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts, the Defendant was in a state of mental and physical weakness due to drugs and alcohol at the time of committing the instant crime.

In light of the circumstances acknowledged by the evidence duly adopted and examined, the Defendant’s behavior and attitude before and after the crime, and the Defendant’s statement in the investigative agency, etc., the lower court did not deem that the Defendant’s act and alcohol did not change things or lacks the ability to make decisions at the time of the crime, and deemed that the Defendant committed the crime of this case in a state of mental disorder caused by drinking alcohol.

Even if it is determined that Article 10(1) and (2) of the Criminal Act may not apply to the reduction or exemption of punishment pursuant to Article 20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, it rejected Defendant’s assertion.

In light of the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by this court, the Defendant cannot be deemed to have suffered side effects at the time of committing the instant crime, or to have lost or weak ability to distinguish things or make decisions due to the omission of side effects at the time of committing the instant crime.

Therefore, we cannot accept this part of the defendant's assertion.

① According to the outcome of the Defendant’s reply to the fact-finding with K Hospital, the Defendant was hospitalized in the K Hospital from June 10, 2016 to June 20 of the same month, prior to the instant crime, but multiple of the Defendant.