A defendant shall be punished by imprisonment for six months.

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to drinking.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below on the assertion of mental and physical weakness, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but the defendant lacks the ability to discern things or make decisions, considering the circumstances leading to the crime, the process of execution, and the defendant's behavior before and after the crime of this case.

does not appear.

Therefore, we cannot accept the defendant's argument of mental and physical weakness.

B. An unfavorable circumstance is that there is a history of criminal punishment on several occasions due to the same kind of crime with regard to the determination of unfair sentencing.

However, in consideration of the favorable circumstances such as the defendant's late-math crime, the injury suffered by the victim is not serious, the fact that an agreement has been reached with the victim in the first instance, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, and circumstances after the crime of this case, the punishment imposed by the court below is too unreasonable.

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

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The sentencing of Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount is based on the sentencing of Article 53 and 55(1)3.