A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for forty hours.

A. The Defendant, who was mentally and physically weak, was in a state of mental and physical weakness by drinking alcohol at the time of committing each crime of 2017 Gohap 50, 2017 Gohap 54, 2017 Gohap 162 among the criminal facts stated in the lower judgment.

B. The sentence of the lower court’s unfair sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. On March 31, 2017, the Defendant was sentenced to two months of imprisonment for the crime of assault at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and appealed against this. However, on June 30, 2017, the appeal was dismissed by the same court and became final and conclusive on July 8, 2017.

As above, the crimes of assault against the defendant for which judgment has become final and conclusive as stated in the judgment of the court below shall be sentenced to punishment for each crime in consideration of equity in the case where a judgment is to be rendered at the same time in accordance with Article 39 (1) of the Criminal Act, since the crime of assault against the defendant is in the relation of concurrent crimes after Article 37 of the Criminal Act, and therefore

However, despite such reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to the judgment of this court.

B. According to the record of the determination on the assertion of mental and physical weakness, it appears that the Defendant was under the influence of alcohol at the time of committing each of the crimes listed in the judgment of the court below, 2017 high-class 50, 2017 high-class 54, 2017 high-class 162. However, in light of the method and circumstances of each of the above crimes, the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the above crimes.

subsection (b) of this section.

The defendant's mental and physical weak argument is without merit.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following decision is made through pleading.

[Judgment of the court below] The criminal facts and summary of evidence against the defendant recognized by this court are stated in the judgment below.