Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant had a very mental and physical weak condition under the influence of alcohol at the time of committing the crime.

B. The sentence sentenced by the court below (the two-year suspended sentence of imprisonment for August, 200 and the 40-hour suspension order for sexual assault treatment) is too unreasonable.

2. First of all, we examine the Defendant’s mental and physical weakness argument.

According to the records, prior to the crime of this case, the defendant, whose main weight is about 1 to 2 Byungju, was the victim and the two heads of the victim and the two move to the 500cc son, and divided the extent of 5 to 6 Byungju from the main point of view, and waiting for the cab. The defendant committed the crime of this case. After the victim getting on the cab and left the cab, the defendant was under the influence of alcohol, and the father of the defendant was under the influence of alcohol, and the defendant was under the care of the police officer, and the father of the defendant was under the care of the police officer, and was under the care of the defendant.

According to the above facts of recognition, the Defendant is aware of the fact that the Defendant committed the instant crime with the victim by dividing it into beer and beerer with the victim. In full view of all other circumstances such as the time and place of the instant crime, the background and result of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the crime, etc., it is recognized that the Defendant had weak ability to discern things or make decisions under the influence of alcohol, and thus, the Defendant’s mental and physical weakness allegation is with merit.

3. According to the conclusion, the defendant's appellate brief argument is with merit. Thus, without further proceeding to decide the defendant's improper sentencing, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting a crime and the summary of the evidence recognized by the court are as follows: "The defendant has the ability or will to discern things under the influence of alcohol" in paragraphs (1) and (2) of the facts constituting a crime in the judgment below.