A defendant shall be punished by imprisonment for four months.

40 hours against the defendant.

A. Defendant 1) The Defendant with mental and physical weakness suffers from shock disorder that could not suppress sexual impulses at the time of drinking.

At the time of committing the instant crime, the Defendant was in a state of drinking, and was unable to discern things or make decisions due to shocking and impulses.

2) The punishment of the lower court is heavy.

B. The Prosecutor’s sentence of the lower court is light.

2. On May 26, 2016, the Defendant was sentenced by the Seoul High Court to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) and for a crime of forced indecent act, on the records that the said judgment became final and conclusive on July 22, 2016.

The crime of the court below and the above crime of the court below for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the principle of equity shall be taken into consideration when a judgment is to be rendered at the same time pursuant to

The judgment of the court below shall not be maintained.

Even so, the defendant's argument about mental disorder still remains the subject of adjudication.

3. In full view of the background and mode of the crime of determining mental and physical disorder, the act of the defendant before and after the crime, the existence and degree of memory as to the crime and the situation before and after the crime, the attitude in the investigation and the trial, the result of the appellate court’s order of investigation into the sentencing, and the result of response to the order of investigation into the sentencing by the appellate court, etc., even if the defendant had caused the crime of this case due to

Even if at the time, the defendant had weak ability to discern things or make decisions due to the nature or mental illness of the defendant.

does not appear.

The defendant, under the influence of alcohol, has weak ability to discern things or make decisions.

there is no evidence to determine the person.

4. The judgment of the court below is reversed, and the following judgment is delivered after pleading.

[Judgment which is used again] Criminal facts and summary of evidence recognized by this court.