All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. Since the Defendant did not commit a crime of indecent act by compulsion, the judgment of the court below that found the Defendant guilty, the court below erred by mistake of facts.

B. At the time of committing the crime of indecent act by compulsion of mental and physical disorder, the court below did not recognize it since the defendant was in the state of mental and physical disorder or mental disability under the influence of alcohol, and there is an error of mistake

C. Each sentence of the lower judgment on unreasonable sentencing (the first instance judgment: imprisonment with prison labor for three years and six months, and the second instance judgment: imprisonment with prison labor for four months, and completion of sexual assault treatment programs for forty hours) is too unreasonable.

2. Determination

A. Ex officio determination, the crimes of the first and second judgment are concurrent crimes under the former part of Article 37 of the Criminal Act. This court held the first and the second judgment together with each of the cases of the first and the second judgment, and then selected the same type of punishment for each of the crimes. As such, it is necessary to render a single sentence in accordance with Article 38(1) of the Criminal Act for each of the above crimes. In this regard, the judgment of the court below cannot escape from all of its reversal.

Despite the above reasons for ex officio destruction, the defendant's mistake of facts and his argument about mental and physical disorder still are subject to the judgment of this court, and this will be examined below.

B. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of fact, the defendant's assertion on this part is without merit, since the crime of indecent act by compulsion of the second instance judgment can be fully acknowledged.

C. According to the judgment on the assertion of mental disorder, the record reveals that the defendant had drinking alcohol at the time of the second judgment by indecent act, but did not have the ability to discern things or make a decision.

Since it seems that the defendant did not appear to be in a state or weak condition, this part of the defendant's assertion is without merit.

3. Conclusion as above.