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

Sexual assault, 80 hours against the defendant.

A. Defendant (1) under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

(2) The Defendant returned to the scene after the instant crime was committed and voluntarily surrendered to the victim convenience store operator and voluntarily surrenders to the investigation agency.

(3) The sentence sentenced by the court below on unreasonable sentencing (four years of imprisonment) is too unreasonable.

(4) It is unreasonable for the lower court to have the Defendant disclose and notify the personal information of the Defendant for five years.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the records of the judgment on the claim of mental disability, the defendant may be found to have been in a state of drinking alcohol at the time of the instant crime, but in light of the circumstances leading to the instant crime, the method and content of the crime, and the circumstances after the crime, etc. as determined by the court below, it does not seem that the defendant was in a state of weak ability to discern things or make decisions under the influence of alcohol.

Therefore, the defendant's argument of mental disability is without merit.

B. The phrase “self-denunciation” as referred to in Article 52(1) of the Criminal Act regarding the assertion on mitigation of self-denunciation refers to the expression of intent to voluntarily report the criminal to the competent authority responsible for the investigation and seek the disposition thereof, and it can be acknowledged that the internal intent of the criminal is insufficient and externally indicated, and furthermore, the criminal voluntarily surrendered.

Even if the court voluntarily surrenders the self-denunciation, it is merely a mere fact that the court can voluntarily reduce the punishment, and the court below did not reduce the self-denunciation.

Therefore, according to the records, the defendant returned to the scene of the crime of this case after the crime of this case and borrowed a letter to the head of the convenience store, and the facts of emergency arrest at the police place can be acknowledged. However, the defendant voluntarily transferred to the government agency responsible for investigation.