The judgment of the court below is reversed.

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

Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant, a mentally and physically weak, was in a state of mental and physical weakness.

B. The sentence of the court below which rendered an unfair sentencing (a punishment of three years and six months and 80 hours of imprisonment) is too unreasonable and unfair.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for a sex offense against children, juveniles, or adults, was amended by Act No. 15352, Jan. 16, 2018; and Article 56 (1) and (2) of the same Act provides that the court shall determine the restriction period within the extent of ten years, considering the seriousness of the offense, the risk of recidivism, etc. while imposing a punishment for an individual sex offense case, and Article 3 of the Addenda of the above Act provides that "The amended provisions of Article 56 shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case. Therefore, the judgment below is no longer maintained.

However, the defendant's argument of mental and physical weakness is still subject to a trial by the party, despite the above reasons for reversal of authority, and the following is determined.

B. In light of the following facts and circumstances revealed by the evidence duly adopted and investigated by the lower court, and the background leading up to the instant crime, the relationship between the Defendant and the victim, the amount of usual drinking and the day drinking, the time taken to drink, the Defendant and the victim’s respective statements and text messages, etc., the Defendant is under the influence of alcohol and lacks the ability to discern things or make decisions.