A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

A. At the time of committing the instant crime, the Defendant, who was physically and mentally weak, was drunk and was incapable of having the ability to discern things or make decisions.

Even so, the lower court found the Defendant guilty of committing the instant crime in a normal state.

B. The lower court’s punishment (six years of imprisonment) is too unreasonable.

2. 심신 미약 주장에 대한 판단 기록에 의하면, 피고인이 이 사건 범행 당일 소주 됫 병 2 병을 어머니 등과 나누어 마셔 술에 만취하여 있었고, 피해자를 추행하는 과정에서 피해자에게 “ 신발을 잃어버렸으니 신발을 사 달라.” 고 하는 등 상황에 맞지 않는 말을 하기도 하였으며, 범행 후에 범행 당시의 상황을 대부분 기억하지 못하고 있는 사실이 인정된다.

For the same reason, the Defendant was under the influence of alcohol at the time of the instant crime, and had weak ability to discern things or make decisions.

Therefore, the defendant's mental and physical weakness is justified.

3. The judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as stated in each corresponding column of the lower judgment, except for adding “the Defendant,” following the first head of the lower judgment’s “criminal facts” to “in a state in which the Defendant lacks the ability to discern things or make decisions by drinking,” and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 8(1) and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, Article 319(1) of the Criminal Act.