성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.
B. The sentence of imprisonment (two years and six months of imprisonment) against the Defendant by the lower court is too unreasonable.
2. The following circumstances, which are acknowledged by the court below's decision and the court below's decision on the crime of mental retardation and the trial court's decision, i.e., the defendant's usual amount of 1-2 illness per week, which is divided into three times per week with his son before the instant case, and then the defendant met with D and I, who is a worker, with them, 7 illness per week, 2,000cc (4 disease per week, 2,000cc in a single restaurant, 4 disease per week, click, and 2,00cc). According to I's statement at the court below, the defendant did not drink with other people, and the defendant did not d's average amount of d's face immediately after the instant crime of d's death, and it was found that the defendant did not have any d's d's d't d', and the defendant did not have any d't d't s' face until d't have any d's face.