A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault against the defendant for 80 hours.

A. The sentence (4 years of imprisonment, 80 hours of order) imposed by the lower court on the Defendant is too unreasonable.

B. Prosecutor 1) The misunderstanding of the legal doctrine on mental and physical weakness is “a stimulative disorder of stimulative disorder” suffering by the Defendant is not significantly related to violent inclinations, and the Defendant was under the influence of alcohol at the time of the instant crime.

Notwithstanding the fact that the Defendant was in a mental and physical state at the time of each of the instant crimes

The judgment of the court below which determined the seal is erroneous in the misapprehension of legal principles as to mental and physical weakness, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the prosecutor’s assertion of misunderstanding of the legal doctrine on mental and physical weakness (i.e., the Defendant attempted suicide in around 2008, and was treated as a mental hospital upon diagnosis of depression. The Defendant committed suicide and self-harm even around 2013, and committed suicide and self-harm during the period from November 18, 2013 to December 20, 2013; (ii) was hospitalized at a university hospital twice from July 9, 2014 to July 21, 2014; (iii) the Defendant had no relevance between the Defendant’s suicide and aggressive surgery; and (iv) the Defendant continued to have been hospitalized or discharged from the hospital at his own discretion due to the fact that the Defendant had not been hospitalized at his own discretion during the period from May 1, 2015 to June 3, 2015.