All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

1. Summary of the grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing a crime in violation of the Punishment of Violences, etc. Act (hereinafter “Assault Punishment Act”).

The original judgment of the first instance contains an error of fault between the reasons for such mitigation of responsibility.

B. The first and second judgments of unfair sentencing (the first and second judgments of the court below) are unfair on the grounds that each of the following sentences, which the defendant sentenced, is excessively unreasonable.

Employment restrictions, such as juvenile-related institutions, etc. for one year, 40 hours after completing sexual assault treatment programs, and 3 years, by imprisonment with prison labor of the first judgment of the second judgment of the court of the sentence sentenced to the classification of the judgment;

2. We examine ex officio the defendant's grounds for appeal following the consolidation of cases prior to the judgment on the grounds for appeal.

The second judgment and the first judgment were pronounced to the defendant in sequential order, and the defendant filed each appeal against them, and this court decided to hold the above two appeals together for a trial.

However, since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced in accordance with Article 38(1) of the Criminal Act.

Therefore, the judgment of the court below is no longer maintained.

However, in spite of the above ex officio reasons for reversal, Article 1-A.

The defendant's mental disorder, such as the statement in the port, is still subject to the judgment of this court.

Therefore, I will first examine this.

3. According to the record of the instant case’s assertion of mental disorder by the Defendant, the Defendant appears to have served alcohol at the time of committing a crime under the Violation of the Punishment of Violences Act (Habitual Bodily Injury).

However, the Defendant, at the time of the initial statement at the police, was hospitalized in S Hospital for three months prior to the occurrence of a traffic accident, and received 6 million won as compensation, and received 2 million won from H.