A defendant shall be punished by imprisonment for not less than one year and six months.

A sexual assault against the defendant.

A. The court below did not grant a reduction or exemption due to mental or physical disorder, even though the Defendant committed the instant crime under the influence of alcohol at the time of the instant crime under the lack of or weak capacity to discern things or make decisions.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the allegation of mental disorder or mental disability, it is recognized that the defendant was in a state of drinking alcohol at the time of committing the instant crime.

However, in light of the content of the instant crime and the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant was under the influence of alcohol at the time of the instant crime, and thus, did not have or lacks the ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing, the crime of this case is inferior to the nature of the crime, and the victim appears to have suffered considerable mental impulse and pain due to the crime of this case is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant was sentenced to a fine of KRW 1.5 million in the Seoul Central District Court on April 25, 2007; (b) there was no previous conviction except for the Defendant’s violation of the Road Traffic Act; (c) the Defendant agreed with the victim at the trial; (d) the Defendant led to the confession of the instant crime and reflects his mistake; and (e) the Defendant’s age, family relation, character and conduct, environment, motive and circumstance of the crime, means and method of the crime; and (e) all of the sentencing conditions, including the circumstances after the crime, the sentence imposed by

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Re-use.