A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. Defendant 1) At the time of committing the instant crime with mental disability, the Defendant was under the influence of alcohol so as to lack the ability to discern things or make decisions. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is not recognized that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case in light of the circumstances leading to the crime of this case, the means and methods of the crime of this case, the defendant's behavior and attitude before and after the crime of this case, etc., although he was found to have drinking at the time of the crime of this case. Thus, this part of the defendant's assertion is without merit.

B. The defendant's judgment on the allegation of unfair sentencing by the defendant as to the defendant's crime of this case seems to have been highly shocked by the victim who was under 15 years of age at the time due to the crime of this case. However, the defendant was the first offender, the defendant is against the mistake, the degree of injury to the victim is relatively heavy, and the victim did not want punishment against the defendant by mutual consent with the victim at the trial. In full view of the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, the means and method of the crime of this case, and circumstances before and after the crime of this case, etc., the court below's punishment is deemed to be unfair because the defendant's punishment is too excessive, and the prosecutor's allegation in this part is without merit.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

Criminal facts and the summary of evidence recognized by the court.