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

20,000 won from the defendant.

A. Defendant 1) 2017 Highest 543 decided (the first instance judgment) by the lower court (the imprisonment of one year and two months and the additional collection) are too heavy.

2) The Defendant, misunderstanding the facts of the 2017 Highest 6125 Decision (No. 2) A, did not have a good health condition, such as hearing a hearing of the audience, and was in a mental and physical weak condition at the time of the instant crime.

B) The sentence of the lower court’s unfair sentencing (4 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too heavy.

B. Prosecutor (the second judgment of the court below)’s punishment is too minor.

2. On the first instance judgment and second instance judgment, the prosecutor filed each appeal against the second instance judgment, and this court decided to jointly examine the above appeal cases.

Each crime of the first and second adjudication decisions against the accused shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

On the other hand, the defendant's assertion of misunderstanding the facts about the judgment of the court of second instance is still subject to the judgment of the court of this Court, and the above ground for reversal is changed.

3. The following facts acknowledged by the record as to the assertion of mistake about the facts against the judgment of the court below No. 2, namely, in light of the following circumstances acknowledged by the record, the defendant stated that "the defendant was under the influence of alcohol to board the elevator at the scene of the instant crime." However, the scene of the instant crime is not a building with public toilets, but a residence where drinking houses are located, and there is a considerable distance from the road where drinking houses are concentrated. The defendant got six floors after the victim and the defendant got the six floors of the elevator, followed by indecent act against the victim of the heat and the elevator from the elevator, and other forms and methods of the instant crime, and the defendant's speech and behavior, etc., at the time of the instant crime, the defendant was in a state of mental and physical weakness.

It does not seem that it does not appear.

Therefore, the defendant's argument is justified.